NY State Assembly Bill 2009-A8883

Assembly Bill A8883

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to social services
Jun 12, 2009	referred to social services

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2009-A8883 (ACTIVE) - Details

See Senate Version of this Bill:: S2740
Current Committee:: Assembly Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§104, 106 & 369, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A462, S3936
2013-2014: A543, S2816

2009-A8883 (ACTIVE) - Summary

Eliminates the state's recourse to public assistance recipients' or their relatives' residences, one, two or three family dwelling and the primary residence, including manufactured homes for reimbursement of expenditures made for their benefit.

2009-A8883 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8883

TITLE  OF BILL:  An act to amend the social services law, in relation to
exempting  certain  real  and  personal  property  from  certain  social
services enforcement of support provisions

PURPOSE OR GENERAL IDEA OF BILL:
Removes the disparity in the treatment of those persons receiving Tempo-
rary  Public  Assistance  who  own  a  home versus those who do not. The
purpose is also designed to create a stronger  economic  standing.  This
bill  removes  the  authority  to  bring an action or proceeding against
those persons who receive assistance or care for a relative that may own
a one, two, three family dwelling, a  condominium  or  any  manufactured
home  as defined in subdivision four of section two hundred thirty-three
of the real property law.

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 assist-
ance 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 prop-
erty of a person who receives or received assistance or care (or a rela-
tive 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 assist-
ance 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 para-
graphs 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  para-

graph  (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  hard-
ships 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

FISCAL IMPLICATIONS:

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

2009-A8883 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8883

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2009
                               ___________

Introduced by M. of A. GIBSON -- read once and referred to the Committee
  on Social Services

AN  ACT  to  amend  the  social  services  law, in relation to exempting
  certain real  and  personal  property  from  certain  social  services
  enforcement of support provisions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 104 of the social services law, as
amended by chapter 573 of the laws  of  1964,  is  amended  to  read  as
follows:
  1.  (A)  A  public  welfare  official  may  bring action or proceeding
against a person discovered  to  have  real  or  personal  property,  or
against  the  estate  or the executors, administrators and successors in
interest of a person who dies leaving real or personal property, if such
person, or any one for whose support  he  is  or  was  liable,  received
assistance  and  care during the preceding ten years, and shall be enti-
tled to recover up to the value  of  such  property  the  cost  of  such
assistance  or  care.  Any  public  assistance  or care received by such
person shall constitute an  implied  contract.  No  claim  of  a  public
welfare official against the estate or the executors, administrators and
successors  in  interest  of  a person who dies leaving real or personal
property, shall be barred or defeated, in whole or in part, by any  lack
of  sufficiency  of ability on the part of such person during the period
assistance and care were received.
  Nor shall the claim asserted by a public welfare official against  any
person  under  this section be impaired, impeded, barred or defeated, in
whole or in part, on the grounds that another person or persons may also
have been liable to contribute.
  In all claims of the public welfare official made under  this  section
the public welfare official shall be deemed a preferred creditor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04226-01-9

A. 8883                             2

  (B)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, 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
(OR  A  RELATIVE  LIABLE THEREFOR 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  SUCH RELATIVE). NOR SHALL SUCH AUTHORITY TO BRING AN ACTION
OR PROCEEDING AND THE IMPLIED CONTRACT APPLY TO ANY  MANUFACTURED  HOME,
AS  DEFINED  IN  PARAGRAPH  FOUR OF SUBDIVISION A OF SECTION TWO HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW,  OF  A  PERSON  WHO  RECEIVES  OR
RECEIVED  ASSISTANCE  OR CARE (OR A RELATIVE LIABLE THEREFOR 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).
  S 2. 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:
  1. (A) A social services official responsible, by or pursuant  to  any
provision  of this chapter, for the administration of assistance or care
granted or applied for may accept a deed of real property and/or a mort-
gage thereon on behalf of the public welfare district for the assistance
and care of a person at public expense but such property  shall  not  be
considered as public property and shall remain on the tax rolls and such
deed or mortgage shall be subject to redemption as provided in paragraph
(a) of subdivision two [hereof] OF THIS SECTION.
  (B)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, 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 THEREFOR  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 SUCH RELATIVE).  NOR  SHALL  SUCH  AUTHORI-
ZATION  APPLY  TO ANY MANUFACTURED HOME, AS DEFINED IN PARAGRAPH FOUR OF
SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE OF THE  REAL  PROPERTY
LAW, OF A PERSON WHO RECEIVES OR RECEIVED ASSISTANCE OR CARE (OR A RELA-
TIVE  LIABLE THEREFOR 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).
  S  3.  Subdivision  2  of  section  369  of the social services law is
amended by adding a new paragraph (e) to read as follows:
  (E) 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 OF
SECTION ONE HUNDRED SIX OF THIS CHAPTER.
  S 4. This act  shall  take  effect  immediately  and  shall  apply  to
actions,  proceedings, liens, and implied contracts pending or commenced
on or after such effective date.

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Assembly Bill A8883

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Sponsored By

GIBSON

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Hakeem Jeffries

Nelson Castro

Adam Clayton Powell IV

Inez Barron