NY State Senate Bill 2011-S3936

Senate Bill S3936

2011-2012 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to social services
Mar 10, 2011	referred to social services

2011-S3936 (ACTIVE) - Details

See Assembly Version of this Bill:: A462
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§104, 106 & 369, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2740, A8883, A6251
2013-2014: S2816, A543

2011-S3936 (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.

2011-S3936 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3936

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
Temporary 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 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.

2011-S3936 (ACTIVE) - Bill Text download pdf

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

                                  3936

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD00225-01-1

S. 3936                             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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