N.Y. Soc. Serv. Law § 303

Current through 2024 NY Law Chapter 553

Section 303 - Character and adequacy

1. It shall be the duty of the social services official to provide emergency assistance, in accordance with regulations of the department, to an eligible aged, blind or disabled person who has one or more of the following needs:

(a) Replacement or repair, as the case may be, of clothing, furniture, food, fuel and shelter; (including repairs to homes owned by aged, blind, and disabled persons and temporary shelter until necessary repairs are completed or replacement shelter is secured), provided such clothing, furniture, food, fuel or shelter was lost or rendered useless as a result of burglary, theft or vandalism, or as a result of fire, flood or other similar catastrophe which could not have been forseen by such person, and was not under his control. All such losses shall have been reported to and appropriately verified by local officials before such replacement or repair;

(b) Replacement of stolen cash if reported to and appropriately verified by local officials;

(c) Replacement of lost or mismanaged cash by a person who by reason of advanced age, illness, infirmity, mental weakness, physical handicap, intemperance, addiction to drugs, or other cause, has suffered substantial impairment of his ability to care for his property;

(d) Payments to a secured party in whose favor there is a security interest, pursuant to the provisions of article nine of the uniform commercial code, on furniture or household equipment essential to making living accommodations habitable, in an amount not to exceed the cost of replacement. Such payments shall be authorized only after every effort has been made by the social services official to defer, cancel, reduce or compromise payments on such security interests;

(e) Household moving expenses when a change of residence is necessary because the health, welfare or safety of the eligible person or persons is endangered and such move is not caused by eviction for nonpayment of rent, or when such move will substantially reduce rental costs;

(f) Furniture or clothing which may be necessary in order to enable such person to move to a private residence from a nursing home, hospital or other institution;

(g) Household expenses essential to the maintenance of a home, in the case of a person whose supplemental security income benefit has been reduced because he has been placed in a medical facility. Within forty-five days following placement in such a facility, the social services official shall determine whether, and payments under this subdivision shall not continue unless, such person is expected to remain in such a facility for less than one hundred eighty days following the reduction in such benefits;

(h) Repair or replacement of essential household heating, cooking, refrigeration, water supply, personal safety equipment, plumbing and sanitary equipment;

(i) Security against nonpayment of rent or for damages, as a condition to renting a housing accommodation, as provided in section one hundred forty-three-c of this chapter;

(j) Broker's fees necessary to securing shelter;

(k) Essential storage of furniture and personal belongings during such circumstances as relocation, eviction or temporary shelter and for so long as the circumstances necessitating the storage continue to exist and provided that eligibility for emergency assistance continues;

(l) Household expenses (including rent, fuel for heating, gas and electric utilities) incurred during the four month period prior to the month in which such person initially applied for supplemental security income benefits or additional state payments, when payment of such household expenses is necessary to prevent eviction or a utility shut-off or to restore such utility services, and, in the judgment of a social services official, other housing accommodations appropriate for such person's best interests are not available in a particular area.

(m) Household expenses (including rent, fuel for heating, gas and electric utilities) incurred during the four month period immediately prior to the month in which such person applied for emergency assistance for adults when payment of such household expenses is necessary to prevent eviction or a utility shutoff or to restore such utility services and, in the judgment of a social services official, other housing accommodations appropriate for such person's best interests are not available in a particular area. A social services official shall not grant emergency assistance under this paragraph if a person has received a grant under this paragraph within the preceding twelve months, unless the granting of such assistance is recommended by the social services official and has been approved by a duly designated official of the department. For purposes of this paragraph, a person shall be deemed to have received a grant under this paragraph within the preceding twelve months if he is residing in a household with another person who has received a grant under this paragraph within the preceding twelve months.

(n) Replacement of so much of a person's lost, stolen or unreceived federal supplemental security income and/or additional state payments check or checks up to a maximum of one-half the amount of each such check, predicated upon the estimated period of time required for the receipt of the original check or replacement check. Such person shall be required, as a condition of eligibility for such emergency assistance, to agree in writing to repay any amount granted as emergency assistance pursuant to this paragraph and paragraph (o) hereof for which he subsequently receives the original or replacement check of supplemental security income payment and/or additional state payments. All such incidences of loss, theft or non-receipt shall have been reported to and appropriately verified by local officials before such replacement.

(o) Assistance by monetary payment or food voucher, as determined by the social services official, in an amount necessary to meet a person's nutritional requirements for a period of not more than one week, pursuant to regulations of the department for applicants for supplemental security income and/or additional state payments or for emergency assistance pursuant to paragraph (n) of this subdivision. Such assistance shall be provided within twenty-four hours of application where the applicant demonstrates that he requires such assistance to avoid hunger and has no cash or personal assets readily reducible to cash with which to purchase food.

2. The maximum grant available for any emergency need specified in subdivision one above shall be limited to the amount and paid in the manner as specified by regulations of the department.

N.Y. Soc. Serv. Law § 303