§ 111-u. Liens. 1. The office of temporary and disability assistance,
or a social services district, or its authorized representative shall
have a lien against real and personal property owned by a support
obligor when such support obligor is or was under a court order to pay
child support or combined child and spousal support to a support
collection unit on behalf of persons receiving services under this
title, and such obligor has accumulated support arrears/past due in an
amount equal to or greater than the amount of support due pursuant to
such order for a period of four months. Such lien shall incorporate
unpaid support which accrues in the future.

2. For the purposes of determining whether a support obligor has
accumulated support arrears/past due support for a period of four
months, the amount of any retroactive support, other than periodic
payments of retroactive support which are past due, shall not be
included in the calculation of arrears/past due support pursuant to this
section; however, if at least four months of support arrears/past due
support have accumulated subsequent to the date of the court order, the
entire amount of any retroactive support may be collected pursuant to
the provisions of this subdivision or as otherwise authorized by law.

3. When the office of temporary and disability assistance, or a social
services district, or its authorized representative on behalf of a
person receiving services pursuant to this title determines that the
requisite amount of child support is past due, it shall send, by first
class mail, a notice of intent to file a lien to the support obligor.
The obligor may assert a mistake of fact and shall have an opportunity
to make a submission in support of the assertion. The assertion and any
supporting papers shall be submitted within thirty-five days from the
date a notice was mailed. Thereafter, the social services district shall
determine the merits of the assertion, and shall notify the obligor of
its determination within ninety days after notice to the obligor was
mailed.

4. If the social services district finds no mistake of fact exists or,
the obligor fails to assert a mistake of fact within the thirty-five
days, the social services district may file a notice of lien, which
shall contain the caption of the support order and a statement of
arrears and which shall constitute a lien on the property. The social
services district shall not enforce its lien until after expiration of
any applicable period for review of an administrative action or, if the
obligor has initiated a proceeding pursuant to article seventy-eight of
the civil practice law and rules, until completion of such review.

5. Filing of the notice of the lien shall be as provided in sections
sixty-five and two hundred eleven of the lien law, article forty-six of
the vehicle and traffic law, or as otherwise authorized by law.

6. Within five days before or thirty days after filing the notice of
the lien, the social services district shall send by first class mail a
copy of such notice upon the owner of the property.