Requires local social services districts to notify person of right to preinvestigation emergency needs assistance upon application for public assistance or care

BILL NUMBER:A377A

Title of bill

An act to amend the social services law, in relation to temporary preinvestigation grants

Purpose or general idea of bill

This bill would ensure that public assistance applicants receive adequate monetary emergency needs assist- ance or care.

Summary of specific provisions

Public assistance applicants are enti- tled to emergency needs assistance or care when a local social services official determines that an emergency situation exists that warrants immediate action. Pre-investigation grants are issued to meet an immedi- ate need for a specific essential item where financial eligibility for public assistance has not been fully established, for example, when an applicant is facing immediate eviction, has no food or no fuel for heat- ing. Social Services Law, Section 133 would be amended to require a local social services official to inform public assistance applicants in writing of the availability of grants for emergency needs assistance or care including pre-investigation grants and to make a determination at the same time as to whether the applicant has an immediate need. Appli- cants would also be notified of their right to an expedited hearing when emergency needs assistance is denied. An applicant who has been denied emergency needs assistance or care would be required to be advised in writing of the reasons for denial.

Effects of present law which this bill would alter

This bill would amend Section 133, Social Services Law.

Justification

The growing threat of homelessness throughout New York State demands a closer look at prevention efforts at the state and local level. This bill addresses the efforts of local social services districts to inform public assistance applicants of the availability of emergency needs assistance grants in that warrant immediate action to prevent homelessness, hunger and other threats to the health and safety of the individual. The sufficiency of these efforts was challenged in a recent Kings County Supreme Court case, Davis v. Perales. The court ruled that local social services officials failed to adequately notify applicants of their right to emergency needs assistance under current Department of Social Services Administrative procedures. This bill would help to ensure that public assistance applicants receive the benefits they are entitled to by law.

Prior legislative history

2009 - A.377 referred to Social Services 2007-2008 - A.2346 Advanced to Third Reading 2005-2006 A.958-B advanced to Third Reading 2003-2004 A.439 referred to Social Services 2001-2002 A.77 referred to Social Services 1999-2000 A.1129 referred to Social Services, reported and died in Rules Committee

Fiscal implications for state and local governments

Although in the short term, this bill would increase public assistance expenditures in those local social services districts where notification has been inade- quate, the resulting decrease in homelessness will ultimately reduce expenditures.

Effective date

Immediately.