Bill Text: NY A02500 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to resource exemptions for applicants for public assistance programs; amends the Welfare Reform Act in relation to the effectiveness thereof.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2025-01-17 - referred to social services [A02500 Detail]

Download: New_York-2025-A02500-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2500

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2025
                                       ___________

        Introduced  by  M.  of  A.  DAVILA,  ROSENTHAL,  HEVESI, GONZALEZ-ROJAS,
          CUNNINGHAM -- read once  and  referred  to  the  Committee  on  Social
          Services

        AN  ACT  to  amend  the  social  services  law,  in relation to resource
          exemptions for applicants for public assistance programs; and to amend
          part B of chapter 436 of the laws of 1997,  constituting  the  welfare
          reform act of 1997, in relation to the effectiveness thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 131-n of the social services  law,  as  amended  by
     2  section  16  of part B of chapter 436 of the laws of 1997, subdivision 1
     3  as amended by section 5 of part U of chapter 56 of the laws of 2022  and
     4  subdivision  3 as amended by chapter 207 of the laws of 2001, is amended
     5  to read as follows:
     6    § 131-n. Exemption of income and resources. 1. The  resources  identi-
     7  fied  in subdivision two of this section shall be exempt and disregarded
     8  at application in calculating the amount of benefits  of  any  applicant
     9  for any public assistance program. At recertification, resources deline-
    10  ated  in subdivision two of this section shall not be taken into consid-
    11  eration when determining eligibility or calculating the amount of  bene-
    12  fits of any recipient for any public assistance program.
    13    2.  The  following resources shall be exempt and disregarded in calcu-
    14  lating the amount of benefits of any [household under] applicant for any
    15  public assistance program: (a) cash and liquid or nonliquid resources up
    16  to [two] ten thousand [five  hundred]  dollars  [for  applicants,  three
    17  thousand  seven  hundred  fifty  dollars for applicants in households in
    18  which any member is sixty years of age or older or is  disabled  or  ten
    19  thousand dollars for recipients], (b) an amount up to [four thousand six
    20  hundred]  seven thousand fifty dollars in a separate bank account estab-
    21  lished by an individual while currently in receipt of assistance for the
    22  sole purpose of enabling the individual to purchase a first or  replace-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00847-01-5
        A. 2500                             2

     1  ment  vehicle  for the recipient to seek, obtain or maintain employment,
     2  so long as the funds are not used for any other purpose, (c)  an  amount
     3  [up  to  one  thousand  four]  equal to the greater of five thousand one
     4  hundred  sixty-five  dollars  or  the maximum tuition assistance program
     5  award available for the current academic year in a separate bank account
     6  established by an individual while currently in  receipt  of  assistance
     7  for  the purpose of paying tuition at a two-year or four-year accredited
     8  post-secondary educational institution, so long as  the  funds  are  not
     9  used for any other purpose, (d) the home which is the usual residence of
    10  the  household,  (e)  one  automobile,  up  to ten thousand dollars fair
    11  market value, through March thirty-first, two  thousand  seventeen;  one
    12  automobile,  up to eleven thousand dollars fair market value, from April
    13  first, two thousand seventeen through March thirty-first,  two  thousand
    14  eighteen;  and one automobile, up to twelve thousand dollars fair market
    15  value, beginning April first, two thousand eighteen and  thereafter,  or
    16  such other higher dollar value as the local social services district may
    17  elect  to  adopt, (f) one burial plot per household member as defined in
    18  department regulations, (g) bona fide funeral agreements [up to a  total
    19  of  one  thousand  five  hundred  dollars in equity value] per household
    20  member, (h) funds in an individual development  account  established  in
    21  accordance with subdivision five of section three hundred fifty-eight of
    22  this  [chapter]  article  and  section  four hundred three of the social
    23  security act, (i) for a period of six months, real  property  which  the
    24  household  is  making  a  good  faith effort to sell, in accordance with
    25  department regulations and  tangible  personal  property  necessary  for
    26  business  or for employment purposes in accordance with department regu-
    27  lations, [and] (j) funds in a qualified tuition program  that  satisfies
    28  the  requirement of section 529 of the Internal Revenue Code of 1986, as
    29  amended, [and] (k) funds in a New York achieving a better  life  experi-
    30  ence  savings account established in accordance with article eighty-four
    31  of the mental hygiene law, (l) retirement accounts,  including  but  not
    32  limited to individual retirement accounts, 401(k)'s, 403(b)'s, and Keogh
    33  plans, and (m) all 529  college savings plans.
    34    If  federal  law  or regulations require the exemption or disregard of
    35  additional income and resources in determining need for  family  assist-
    36  ance,  or medical assistance not exempted or disregarded pursuant to any
    37  other provision of this chapter,  the  department  may,  by  regulations
    38  subject  to  the  approval of the director of the budget, require social
    39  services officials to exempt or disregard  such  income  and  resources.
    40  Refunds resulting from earned income tax credits shall be disregarded in
    41  public  assistance programs.   Court ordered child support which is paid
    42  or withheld from income shall not be considered available income.
    43    [2.] 3. If and to the extent permitted by federal law and regulations,
    44  amounts received under section 105 of Public Law 100-383  as  reparation
    45  payments for internment of Japanese-Americans and payments made to indi-
    46  viduals  because  of  their  status  as  victims  of Nazi persecution as
    47  defined in P.L. 103-286 shall be exempt from consideration as income  or
    48  resources  for purposes of determining eligibility for and the amount of
    49  benefits under any program provided under the authority of this  chapter
    50  and under title XX of the Social Security Act.
    51    [3.]  4. Ownership of all other personal property not exempt in subdi-
    52  visions two and three of this section, shall be evaluated based upon its
    53  equity value.
    54    5. The department is  authorized  to  establish  regulations  defining
    55  income  and  resources, consistent with this section. [The department is
    56  further authorized to  promulgate  regulations  it  deems  necessary  to
        A. 2500                             3

     1  prevent  the  improper establishment and use of accounts for purchase of
     2  first or replacement vehicles.]
     3    §  2.  Subdivision  (c) of section 153 of part B of chapter 436 of the
     4  laws of 1997, constituting the welfare reform act of 1997, as amended by
     5  chapter 195 of the laws of 2023, is amended to read as follows:
     6    (c) Section sixteen of this act shall take  effect  November  1,  1997
     7  [and expire and be deemed repealed August 22, 2025];
     8    §  3.  This act shall take effect immediately; provided, however, that
     9  section one of this act shall take effect on the  first  of  April  next
    10  succeeding the date on which it shall have become a law.