S T A T E   O F   N E W   Y O R K
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                                  2648

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 19, 2011
                               ___________

Introduced  by  M. of A. JEFFRIES, J. RIVERA, ORTIZ, CLARK, GLICK, BREN-
  NAN, ROBINSON -- Multi-Sponsored by -- M. of  A.  JACOBS,  PHEFFER  --
  read once and referred to the Committee on Social Services

AN  ACT  to amend the social services law, in relation to providing that
  certain aid to families shall include an allowance for shelter

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

  Section 1. Paragraph (a) of subdivision 1 of section 350 of the social
services law, as separately amended by chapters 909 and 1080 of the laws
of 1974, is amended to read as follows:
  (a) Allowances shall be adequate to enable the father, mother or other
relative to bring up the child properly, having regard for the physical,
mental  and  moral  well-being  of  such  child,  in accordance with the
provisions of section one hundred thirty-one-a of this chapter and other
applicable provisions of law. NOTWITHSTANDING THE PROVISION  OF  SECTION
ONE  HUNDRED  THIRTY-ONE-A  OF THIS CHAPTER OR OF ANY OTHER PROVISION OF
LAW, THE TERM "ADEQUATE", AS USED IN THIS PARAGRAPH,  SHALL  INCLUDE  AN
ALLOWANCE  FOR  SHELTER  THAT  SHALL  BE  CALCULATED TO EQUAL THE LESSER
AMOUNT OF: (I) EIGHTY PERCENT OF FAIR MARKET RENT AS DEFINED PURSUANT TO
SECTION 888.113 OF THE CODE OF FEDERAL REGULATIONS; OR (II) ONE  HUNDRED
PERCENT  OF  THE ACTUAL RENT PAID BY THE INDIVIDUAL RECEIVING THE ALLOW-
ANCE. Allowances shall provide for the support, maintenance and needs of
one or both parents if in need, and in the home  and  for  the  support,
maintenance  and  needs  of  the  other relative if he or she is without
sufficient means of support, provided such parent, parents and  relative
are  not  receiving federal supplemental security income payments and/or
additional state payments  for  which  they  are  eligible.  The  social
services  official may, in his OR HER discretion, make the incapacitated
parent the grantee of the allowance and when allowances are granted  for
the aid of a child or children due to the unemployment of a parent, such
official may make the unemployed parent the grantee of the allowance.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD04673-01-1