NY Soc Serv L § 111-U (2021)
2021 New York Laws SOS - Social Services Article 3 - Local Public Welfare Organization; Powers and Duties Title 6-A - Establishment of Paternity and Enforcement of Support 111-U - Liens.

§  111-u. Liens. 1. The office of temporary and disability assistance,   or a social services district, or its  authorized  representative  shall   have  a  lien  against  real  and  personal  property owned by a support   obligor when such support obligor is or was under a court order  to  pay   child  support  or  combined  child  and  spousal  support  to a support   collection unit on behalf  of  persons  receiving  services  under  this   title,  and  such obligor has accumulated support arrears/past due in an   amount equal to or greater than the amount of support  due  pursuant  to   such  order  for  a  period  of four months. Such lien shall incorporate   unpaid support which accrues in the future.2. For the purposes of  determining  whether  a  support  obligor  has   accumulated  support  arrears/past  due  support  for  a  period of four   months, the amount of  any  retroactive  support,  other  than  periodic   payments  of  retroactive  support  which  are  past  due,  shall not be   included in the calculation of arrears/past due support pursuant to this   section; however, if at least four months of  support  arrears/past  due   support  have accumulated subsequent to the date of the court order, the   entire amount of any retroactive support may be  collected  pursuant  to   the provisions of this subdivision or as otherwise authorized by law.3. When the office of temporary and disability assistance, or a social   services  district,  or  its  authorized  representative  on behalf of a   person receiving services pursuant to this  title  determines  that  the   requisite  amount  of child support is past due, it shall send, by first   class mail, a notice of intent to file a lien to  the  support  obligor.   The  obligor  may assert a mistake of fact and shall have an opportunity   to make a submission in support of the assertion. The assertion and  any   supporting  papers  shall  be submitted within thirty-five days from the   date a notice was mailed. Thereafter, the social services district shall   determine the merits of the assertion, and shall notify the  obligor  of   its  determination  within  ninety  days after notice to the obligor was   mailed.4. If the social services district finds no mistake of fact exists or,   the obligor fails to assert a mistake of  fact  within  the  thirty-five   days,  the  social  services  district  may file a notice of lien, which   shall contain the caption of  the  support  order  and  a  statement  of   arrears  and  which  shall constitute a lien on the property. The social   services district shall not enforce its lien until after  expiration  of   any  applicable period for review of an administrative action or, if the   obligor has initiated a proceeding pursuant to article seventy-eight  of   the civil practice law and rules, until completion of such review.5.  Filing  of the notice of the lien shall be as provided in sections   sixty-five and two hundred eleven of the lien law, article forty-six  of   the vehicle and traffic law, or as otherwise authorized by law.6.  Within  five days before or thirty days after filing the notice of   the lien, the social services district shall send by first class mail  a   copy of such notice upon the owner of the property.