N.Y. Social Services Law § 303: Character and adequacy

§ 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.