NY Soc Serv L § 303 (2021)
2021 New York Laws SOS - Social Services Article 5 - Assistance and Care Title 8 - Emergency Assistance for Aged, Blind and Disabled Persons 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.