Eliminates the state's recourse to public assistance recipients' residences for reimbursement of expenditures made for their benefit

Summary of specific provisions

This bill amends Section 1., subdivision 1 of section 104 of the Social Service Law by adding a new section b.- the authority to bring an action or proceeding and the implied contract established by this section shall not apply to real property of a person who receives or received assistance or care (a relative liable therefore pursuant to section one hundred one of this title) insofar as such property is or was a one, two, or three family dwelling or a condominium and the primary residence of such person (or such relative). Nor such authority to bring an action or proceeding and the implied contract apply to any manufactured home, as defined in subdivision four of section two hundred thirty-three of the real property law, of a person who received or received assistance or car (or a relative liable therefore pursuant to section one hundred of this title) as such manufactured home is or was the primary resident of such person (or such relative).

Subdivision 1 of section 106 of the social services law, as amended by chapter 764 of the Laws of 1972, is amended to read as follows: the authorization granted by this subdivision shall not apply to real property of a person who receives or received assistance or care (or a relative liable therefore pursuant to section one hundred one of this title) insofar as such real property is or was a one, two, or three family dwelling or a condominium and the primary residence of such person (or each relative) Nor shall such authorization apply to any manufactured home, as defined in subdivision four of section two hundred thirty three of the real property law, of a person who receives or received assistance or care (or relative liable therefore pursuant to section one hundred one of this title) insofar as such manufactured home is or was the primary residence of such person (or such relative).

Subdivision 2 of section 369 of the social services law is amended by adding anew paragraph (e) to read as follows: The provisions of paragraphs a and b of this subdivision shall be subject to the limitations imposed by paragraph (b) of subdivision one of section one hundred four and paragraph b of subdivision one section one

hundred four and paragraph (b) of subdivision one of section one hundred and six of this chapter.

Justification

New York and Connecticut are the only two states that still have public welfare liens. Welfare is not a safety net for those who own their own home: it's a loan with the state but for those who do not own a home it is a grant. Abolishing this provision of the social service law will give people back their homes, their lives and their future. Given the economic conditions, those persons who man need temporary assistance due to the temporary loss of job will lose their homes and face undue hardships because of this disparity in treatment.

Prior legislative history

STATUS: S.2782 Adams Greene (MS) ON FILE: 01/09/08 Social Services Law TITLE: Eliminates the state's recourse to public assistance recipients' residences for reimbursement of expenditures made for their benefit 02/12/07 Referred to Social Services, Children and Families 01/09/08 Referred to Social Services, Children and Families

A.4950 Greene (MS) Same as Uni S.2782 Adams Social Services Law TITLE: Eliminates the state's recourse to public assistance recipients' residences for reimbursement of expenditures made for their benefit. 02/12/07 referred to social services 04/17/07 reported referred to ways and means 01/09/08 referred to Social services 2010: S.2740 Held in Social Services

Fiscal implications

EFFECTIVE DATE: Immediately and shall apply to actions, proceedings, liens and implied contracts pending or commenced on or after its effective date.