STATE OF NEW YORK ________________________________________________________________________ 4352 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to determination of public assistance eligibility and amounts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 8 of 2 section 131-a of the social services law, as amended by section 3 of 3 part U of chapter 56 of the laws of 2022, is amended to read as follows: 4 (ii) fifty percent of the earned income for such month of any appli- 5 cant, recipient, or relative applying for and receiving aid pursuant to 6 such program; provided, however, that such percentage amount shall be 7 adjusted in June of each year to reflect changes in the most recently 8 issued poverty guidelines of the United States Bureau of the Census, 9 such that a household of three without special needs, living in a heated 10 apartment in New York city and without unearned income would become 11 ineligible for assistance with gross earnings equal to the poverty level 12 in such guidelines; 13 § 2. Paragraph (a) of subdivision 8 of section 131-a of the social 14 services law is amended by adding a new subparagraph (xiv) to read as 15 follows: 16 (xiv) any unearned income of a child when the parent or non-parent 17 caregiver chooses to exclude such child from the public assistance 18 household pursuant to subdivision one of section one hundred 19 thirty-one-c of this title. 20 § 3. Subdivision 1 of section 131-c of the social services law, as 21 added by chapter 42 of the laws of 1985, is amended to read as follows: 22 1. For the purposes of determining eligibility for and the amount of 23 assistance payable, the social services district shall, when a minor is 24 named as an applicant for public assistance, require that [his or her] 25 such minor's parents [and minor brothers and sisters] also apply for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08814-01-5
A. 4352 2 1 assistance and be included in the household for purposes of determining 2 eligibility and grant amounts, if such individuals reside in the same 3 dwelling unit as the minor applying for assistance. Any income of or 4 available for such parents[, brothers and sisters] which is not disre- 5 garded under subdivision eight of section one hundred thirty-one-a of 6 this [article] title, shall be considered available to such household. 7 [The provisions of this subdivision shall not apply to individuals] A 8 parent or non-parent caregiver may choose to exclude any other child or 9 children residing in the same dwelling unit from the public assistance 10 household. Individuals who are recipients of federal supplemental secu- 11 rity income benefits or receive additional state payments pursuant to 12 this chapter, [or to individuals whose relationship to the minor is that 13 of stepbrother or stepsister, or to any other individuals whose needs 14 are excluded pursuant to department regulations consistent with federal 15 law and regulations] shall not be included in the public assistance 16 household. 17 § 4. Subdivision 1 of section 131-n of the social services law, as 18 amended by section 5 of part U of chapter 56 of the laws of 2022, is 19 amended to read as follows: 20 1. [The following resources] Any assets held by the household shall be 21 exempt and disregarded in calculating the amount of benefits of any 22 household under any public assistance program[: (a) cash and liquid or 23 nonliquid resources up to two thousand five hundred dollars for appli- 24 cants, three thousand seven hundred fifty dollars for applicants in 25 households in which any member is sixty years of age or older or is 26 disabled or ten thousand dollars for recipients, (b) an amount up to 27 four thousand six hundred fifty dollars in a separate bank account 28 established by an individual while currently in receipt of assistance 29 for the sole purpose of enabling the individual to purchase a first or 30 replacement vehicle for the recipient to seek, obtain or maintain 31 employment, so long as the funds are not used for any other purpose, (c) 32 an amount up to one thousand four hundred dollars in a separate bank 33 account established by an individual while currently in receipt of 34 assistance for the purpose of paying tuition at a two-year or four-year 35 accredited post-secondary educational institution, so long as the funds 36 are not used for any other purpose, (d) the home which is the usual 37 residence of the household, (e) one automobile, up to ten thousand 38 dollars fair market value, through March thirty-first, two thousand 39 seventeen; one automobile, up to eleven thousand dollars fair market 40 value, from April first, two thousand seventeen through March thirty- 41 first, two thousand eighteen; and one automobile, up to twelve thousand 42 dollars fair market value, beginning April first, two thousand eighteen 43 and thereafter, or such other higher dollar value as the local social 44 services district may elect to adopt, (f) one burial plot per household 45 member as defined in department regulations, (g) bona fide funeral 46 agreements up to a total of one thousand five hundred dollars in equity 47 value per household member, (h) funds in an individual development 48 account established in accordance with subdivision five of section three 49 hundred fifty-eight of this chapter and section four hundred three of 50 the social security act, (i) for a period of six months, real property 51 which the household is making a good faith effort to sell, in accordance 52 with department regulations and tangible personal property necessary for 53 business or for employment purposes in accordance with department regu- 54 lations, and (j) funds in a qualified tuition program that satisfies the 55 requirement of section 529 of the Internal Revenue Code of 1986, as 56 amended, and (k) funds in a New York achieving a better life experience
A. 4352 3 1 savings account established in accordance with article eighty-four of 2 the mental hygiene law]. 3 If federal law or regulations require the exemption or disregard of 4 additional income and resources in determining need for family assist- 5 ance, or medical assistance not exempted or disregarded pursuant to any 6 other provision of this chapter, the department may, by regulations 7 subject to the approval of the director of the budget, require social 8 services officials to exempt or disregard such income and resources. 9 Refunds resulting from earned income tax credits shall be disregarded in 10 public assistance programs. 11 § 5. This act shall take effect immediately; provided, however, that 12 the amendments to section 131-n of the social services law made by 13 section four of this act shall not affect the expiration of such section 14 and shall expire therewith.