N.Y. Social Services Law § 342: Noncompliance with the requirements of this title

§ 342. Noncompliance with the requirements of this title. 1. In

accordance with the provisions of this section an individual who is

required to participate in work activities shall be ineligible to

receive public assistance if he or she fails to comply, without good

cause, with the requirements of this title. Such ineligibility shall be

for the amount and periods specified in this section. Good cause for

failing to comply with the requirements of this title shall be defined

in department regulations, provided, however, that the parent or

caretaker relative of a child under thirteen years of age shall not be

subject to the ineligibility provisions of this section if the

individual can demonstrate, in accordance with the regulations of the

office of children and family services department, that lack of

available child care prevents such individual from complying with the

work requirements of this title. The parent or caretaker relative shall

be responsible for locating the child care needed to meet the work

requirements; provided, however, that the relevant social services

district shall provide a parent or caretaker relative who demonstrates

an inability to obtain needed child care with a choice of two providers,

at least one of which will be a regulated provider.

2. In the case of an applicant for or recipient of public assistance

who is a parent or caretaker of a dependent child the public assistance

benefits otherwise available to the household of which such individual

is a member shall be reduced pro-rata:

(a) for the first instance of failure to comply without good cause

with the requirement of this article until the individual is willing to

comply;

(b) for the second instance of failure to comply without good cause

with the requirements of this article, for a period of three months and

thereafter until the individual is willing to comply;

(c) for the third and all subsequent instances of failure to comply

without good cause with the requirements of this article, for a period

of six months and thereafter until the individual is willing to comply.

3. In the case of an individual who is a member of a household without

dependent children applying for or in receipt of safety net assistance

the public assistance benefits otherwise available to the household of

which such individual is a member shall be reduced pro-rata:

(a) for the first such failure or refusal, until the failure or

refusal ceases or ninety days, which ever period of time is longer;

(b) for the second such failure or refusal, until the failure ceases

or for one hundred fifty days, whichever period of time is longer; and

(c) for the third and all subsequent such failures or refusals, until

the failure ceases or one hundred eighty days, whichever period of time

is longer.

4. A recipient of public assistance who quits or reduces his hours of

employment without good cause shall be considered to have failed to

comply with the requirements of this article and shall be subject to the

provisions of this section.

5. A person described in paragraph (b) of subdivision seven of section

one hundred fifty-nine of this chapter may not be sanctioned if his or

her failure to comply with requirements of this title are related to his

or her health status.

6. The provisions of this section shall not apply to persons who are

residents of a city having a population of one million or more people.