NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2061
SPONSOR: Gonzalez-Rojas TITLE OF BILL:
An act to amend the social services law, in relation to eliminating
asset limits in calculating the amount of benefits for any household
under any public assistance program
PURPOSE:
To eliminate all asset limits in the calculation of benefits for any
household under any public assistance program.
SUMMARY OF PROVISIONS:
Section 1- The social services law is amended by expanding the category
of exempt and disregarded assets used in calculating the amount of bene-
fits of any household under any public assistance program to all assets
held by the household.
Section 2 - sets forward the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
JUSTIFICATION:
Many public assistance programs limit eligibility through calculations
based on asset limits. Under these conditions, asset limits for public
assistance programs incentivize households to spend down, which is coun-
terproductive to helping households achieve economic self-sufficiency.
Eliminating asset limits encourage households to save up, instead of
spending down. Other states have taken measures to increase asset limits
or completely remove them all together. Eliminating asset limits from
public assistance programs would help save administrative costs on
burdensome, eligibility tests on households.
LEGISLATIVE HISTORY:
01/03/2024 Introduced and referred to ways and means
03/09/2023 reported referred to ways and means
02/03/2023 referred to social services
2019-2020: referred to social services /referred to social services
2018: referred to social services.
FISCAL IMPLICATIONS:
It is anticipated that the lower administrative costs will reduce
expenditures in the State.
EFFECTIVE DATE:
This act will take effect immediately. NEW YORK STATE ASSEMBLY
STATE OF NEW YORK
________________________________________________________________________
2061
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. GONZALEZ-ROJAS, BURDICK, FORREST, KIM, SIMONE,
RAGA, FALL, SIMON -- read once and referred to the Committee on Social
Services
AN ACT to amend the social services law, in relation to eliminating
asset limits in calculating the amount of benefits for any household
under any public assistance program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 131-n of the social services law,
2 as amended by section 5 of part U of chapter 56 of the laws of 2022, is
3 amended to read as follows:
4 1. [The following resources] All assets held by the household shall
5 be exempt and disregarded in calculating the amount of benefits of any
6 household under any public assistance program[: (a) cash and liquid or
7 nonliquid resources up to two thousand five hundred dollars for appli-
8 cants, three thousand seven hundred fifty dollars for applicants in
9 households in which any member is sixty years of age or older or is
10 disabled or ten thousand dollars for recipients, (b) an amount up to
11 four thousand six hundred fifty dollars in a separate bank account
12 established by an individual while currently in receipt of assistance
13 for the sole purpose of enabling the individual to purchase a first or
14 replacement vehicle for the recipient to seek, obtain or maintain
15 employment, so long as the funds are not used for any other purpose, (c)
16 an amount up to one thousand four hundred dollars in a separate bank
17 account established by an individual while currently in receipt of
18 assistance for the purpose of paying tuition at a two-year or four-year
19 accredited post-secondary educational institution, so long as the funds
20 are not used for any other purpose, (d) the home which is the usual
21 residence of the household, (e) one automobile, up to ten thousand
22 dollars fair market value, through March thirty-first, two thousand
23 seventeen; one automobile, up to eleven thousand dollars fair market
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03331-01-5
A. 2061 2
1 value, from April first, two thousand seventeen through March thirty-
2 first, two thousand eighteen; and one automobile, up to twelve thousand
3 dollars fair market value, beginning April first, two thousand eighteen
4 and thereafter, or such other higher dollar value as the local social
5 services district may elect to adopt, (f) one burial plot per household
6 member as defined in department regulations, (g) bona fide funeral
7 agreements up to a total of one thousand five hundred dollars in equity
8 value per household member, (h) funds in an individual development
9 account established in accordance with subdivision five of section three
10 hundred fifty-eight of this chapter and section four hundred three of
11 the social security act, (i) for a period of six months, real property
12 which the household is making a good faith effort to sell, in accordance
13 with department regulations and tangible personal property necessary for
14 business or for employment purposes in accordance with department regu-
15 lations, and (j) funds in a qualified tuition program that satisfies the
16 requirement of section 529 of the Internal Revenue Code of 1986, as
17 amended, and (k) funds in a New York achieving a better life experience
18 savings account established in accordance with article eighty-four of
19 the mental hygiene law].
20 If federal law or regulations require the exemption or disregard of
21 additional income and resources in determining need for family assist-
22 ance, or medical assistance not exempted or disregarded pursuant to any
23 other provision of this chapter, the department may, by regulations
24 subject to the approval of the director of the budget, require social
25 services officials to exempt or disregard such income and resources.
26 Refunds resulting from earned income tax credits shall be disregarded in
27 public assistance programs.
28 § 2. This act shall take effect immediately; provided, however, that
29 the amendments to section 131-n of the social services law made by
30 section one of this act shall not affect the expiration of such section
31 and shall be deemed to expire therewith.
