Bill Text: NY A05451 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the homestead exemption used in the calculation for public assistance to be the same as the homestead exemption under the civil practice law and rules.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2020-02-11 - held for consideration in social services [A05451 Detail]

Download: New_York-2019-A05451-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5451
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. CROUCH,
          B. MILLER,  MORINELLO  --  read  once and referred to the Committee on
          Social Services
        AN ACT to amend the social services law, in relation  to  requiring  the
          homestead  exemption  used in the calculation for public assistance to
          be the same as the homestead exemption under the civil  practice  laws
          and rules
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 131-n of the social services  law,
     2  as  amended by section 1 of part X of chapter 54 of the laws of 2016, is
     3  amended to read as follows:
     4    1. The following resources shall be exempt and disregarded  in  calcu-
     5  lating  the amount of benefits of any household under any public assist-
     6  ance program: (a) cash and liquid or nonliquid resources up to two thou-
     7  sand dollars, or three thousand dollars in the  case  of  households  in
     8  which  any  member  is  sixty years of age or older, (b) an amount up to
     9  four thousand six hundred fifty  dollars  in  a  separate  bank  account
    10  established  by  an  individual while currently in receipt of assistance
    11  for the sole purpose of enabling the individual to purchase a  first  or
    12  replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
    13  employment, so long as the funds are not used for any other purpose, (c)
    14  an amount up to one thousand four hundred dollars  in  a  separate  bank
    15  account  established  by  an  individual  while  currently in receipt of
    16  assistance for the purpose of paying tuition at a two-year or  four-year
    17  accredited  post-secondary educational institution, so long as the funds
    18  are not used for any other purpose, (d) the  home  which  is  the  usual
    19  residence  of  the  household,  provided that the value thereof does not
    20  exceed the homestead exemption specified in subdivision (a)  of  section
    21  five  thousand  two hundred six of the civil practice law and rules, (e)
    22  one automobile, up to ten thousand dollars fair  market  value,  through
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09019-01-9
        A. 5451                             2
     1  March thirty-first, two thousand seventeen; one automobile, up to eleven
     2  thousand  dollars  fair  market  value,  from  April first, two thousand
     3  seventeen through March thirty-first, two  thousand  eighteen;  and  one
     4  automobile,  up  to twelve thousand dollars fair market value, beginning
     5  April first, two thousand eighteen and thereafter, or such other  higher
     6  dollar  value  as the local social services district may elect to adopt,
     7  (f) one burial plot per household member as defined in department  regu-
     8  lations,  (g) bona fide funeral agreements up to a total of one thousand
     9  five hundred dollars in equity value per household member, (h) funds  in
    10  an  individual development account established in accordance with subdi-
    11  vision five of section three hundred fifty-eight  of  this  chapter  and
    12  section  four  hundred  three  of  the social security act and (i) for a
    13  period of six months, real property which the household is making a good
    14  faith effort to sell, in  accordance  with  department  regulations  and
    15  tangible  personal  property  necessary  for  business or for employment
    16  purposes in accordance with department regulations;  provided,  however,
    17  that  the social services district shall be entitled to recover the cost
    18  of assistance or care provided during such six month period  up  to  the
    19  net  equity  value of such property and may, in its discretion, impose a
    20  lien on such property to ensure repayment of such  assistance  upon  the
    21  sale  of  such  property.  If  federal  law  or  regulations require the
    22  exemption or disregard of additional income and resources in determining
    23  need for family assistance, or medical assistance not exempted or disre-
    24  garded pursuant to any other provision of this chapter,  the  department
    25  may, by regulations subject to the approval of the director of the budg-
    26  et, require social services officials to exempt or disregard such income
    27  and resources. Refunds resulting from earned income tax credits shall be
    28  disregarded in public assistance programs.
    29    §  2.  This act shall take effect immediately; provided, however, that
    30  the amendments to section 131-n of  the  social  services  law  made  by
    31  section one of this act shall not affect the expiration and reversion of
    32  such section and shall be deemed to expire therewith.