A 4387: Requires the homestead exemption used in the calculation for public assistance to be the same as the homestead exemption under the civil practice law and rules.
The proposed law aims to amend the Social Services Law to require the homestead exemption used in public assistance calculations to be the same as the homestead exemption under the Civil Practice Law and Rules. This change would ensure consistency in the calculation of net worth for households receiving public assistance. The law also allows households to temporarily exclude real property from the calculation if they are making a good faith effort to sell it, and the social services district can recover the cost of assistance provided during this period. The law takes effect immediately, but the amendments expire with the original section.
| Jan. 07, 2026 | referred to social services |
| Feb. 04, 2025 | referred to social services |
STATE OF NEW YORK ________________________________________________________________________ 4387 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. MOLITOR -- read once and referred to the Commit- tee on Social Services AN ACT to amend the social services law, in relation to requiring the homestead exemption used in the calculation for public assistance to be the same as the homestead exemption under the civil practice law and rules The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (d) and (i) of subdivision 1 of section 131-n of 2 the social services law, as amended by section 5 of part U of chapter 56 3 of the laws of 2022, are amended to read as follows: 4 (d) the home which is the usual residence of the household, provided 5 that the value thereof does not exceed the homestead exemption specified 6 in subdivision (a) of section five thousand two hundred six of the civil 7 practice law and rules, 8 (i) for a period of six months, real property which the household is 9 making a good faith effort to sell, in accordance with department regu- 10 lations and tangible personal property necessary for business or for 11 employment purposes in accordance with department regulations; provided, 12 however, that the social services district shall be entitled to recover 13 the cost of assistance or care provided during such six month period up 14 to the net equity value of such property and may, in its 15 discretion, impose a lien on such property to ensure repayment of such 16 assistance upon the sale of such property, and 17 § 2. This act shall take effect immediately; provided, however, that 18 the amendments to section 131-n of the social services law made by 19 section one of this act shall not affect the expiration and reversion of 20 such section and shall be deemed to expire therewith. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07709-01-5