N.Y. Laws » CHAPTER Social Services / ARTICLE Local Public Welfare Organization; Powers and Duties / TITLE Powers to Enforce Support
New York Consolidated Laws

N.Y. Social Services Law § 104 (2026)

Recovery from a person discovered to have property

✓ current as of May 2026
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§ 104. Recovery from a person discovered to have property. 1. A public
welfare official may bring action or proceeding against a person
discovered to have real or personal property, or against the estate or
the executors, administrators and successors in interest of a person who
dies leaving real or personal property, if such person, or any one for
whose support he is or was liable, received assistance and care during
the preceding ten years, and shall be entitled to recover up to the
value of such property the cost of such assistance or care. Any public
assistance or care received by such person shall constitute an implied
contract. No claim of a public welfare official against the estate or
the executors, administrators and successors in interest of a person who
dies leaving real or personal property, shall be barred or defeated, in
whole or in part, by any lack of sufficiency of ability on the part of
such person during the period assistance and care were received.
  Nor shall the claim asserted by a public welfare official against any
person under this section be impaired, impeded, barred or defeated, in
whole or in part, on the grounds that another person or persons may also
have been liable to contribute.
  In all claims of the public welfare official made under this section
the public welfare official shall be deemed a preferred creditor.
  2. No right of action shall accrue against a person under twenty-one
years of age by reason of the assistance or care granted to him unless
at the time it was granted the person was possessed of money and
property in excess of his reasonable requirements, taking into account
his maintenance, education, medical care and any other factors
applicable to his condition.
  3. To the extent described in section 7-1.12 of the estates, powers
and trusts law, the trustee of a supplemental needs trust which conforms
to the provisions of such section 7-1.12 shall not be deemed to be
holding assets for the benefit of a beneficiary who may otherwise be the
subject of a claim under this section and no action may be brought
against either the trust or the trustee to recover the cost of
assistance or care provided to such person, or anyone for whose support
such person is or was liable.
  4. Any inconsistent provision of this chapter or of any other law
notwithstanding, a social services official may not assert any claim
under any provision of this chapter to recover payments of public
assistance if such payments were reimbursed by child support
collections.
Notes of Decisions
Cited in 75 cases (1 in the last 5 years), 1968–2024 · leading case: Gold v. United Health Servs. Hospitals, Inc., 746 N.E.2d 172 (NY 2001).
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Gold v. United Health Servs. Hospitals, Inc., 746 N.E.2d 172 (NY 2001). · cites it 10× “Social Services Law § 104 (2) limits the amount a public welfare official may recoup from an infant who receives public assistance benefits.”
Carpenter v. Saltone Corp., 276 A.D.2d 202 (N.Y. App. Div. 2000). · cites it 15× “” In an affirmation in support, an attorney for the plaintiffs asserted that pursuant to Social Services Law § 104, “[u]nless the infant possessed money or property in excess of his needs at the time the assistance was granted, no right will accrue and no lien will attach.”
Link v. Town of Smithtown, 162 Misc. 2d 530 (N.Y. Sup. Ct. 1994). · cites it 15× “to past medical assistance prior to OBRA '93 (see, n 3, at 532, supra), generally the property of living recipients was not subject to lien, adjustment or recovery (see, 42 USC § 1396p [a], [b]; 11 Social Services Law § 369 [2] [a], [b] 12 ), but liens could be imposed and…”
Matter of Edna Shannon v. Westchester Cnty. Dep't of Soc. Servs., 34 N.E.3d 351 (NY 2015). · cites it 3× “at 136, citing Social Services Law § 104 [1]). We subsequently granted DSS leave to appeal ( 24 NY3d 904 , 905 [2014]) and, for the reasons that follow, we now reverse the order of the Appellate Division insofar as appealed from.”
In re Swingearn, 59 A.D.3d 556 (N.Y. App. Div. 2009). · cites it 5× “), a “public welfare official,” under whose authority public assistance has been provided to an individual who is later discovered to have property, is “deemed a preferred creditor” of the individual to whom such assistance has been provided and may “bring action or proceeding”…”
Cricchio v. Pennisi, 683 N.E.2d 301 (NY 1997). · cites it 3× “The Appellate Division concluded that "[t]he most plausible inference to be drawn from [the Legislature’s failure to enact either version of the amendments to section 366] is that the Legislature did not intend the existence of a claim pursuant to Social Services Law §§ 104,…”
Cricchio v. Pennisi, 220 A.D.2d 100 (N.Y. App. Div. 1996). · cites it 6× “The general principle that "[a] public welfare official”, under whose authority public assistance has been provided to an individual who is later discovered to have property, becomes a "creditor” of such individual, is set forth in Social Services Law § 104 (1).”
Hoke v. Ortiz, 632 N.E.2d 861 (NY 1994). · cites it 4× “, at 481), the Social Services Law has long authorized DSS, at its option, to bring a recoupment action against an aid recipient discovered to have resources, to recover assistance received during the preceding 10 years (Social Services Law § 104 [1]; Baker, 39 NY2d, at 401 ;…”
Mendelson v. Transp. of New Jersey, 113 A.D.2d 202 (N.Y. App. Div. 1985). · cites it 5× “The respondent maintained that the requested relief was authorized pursuant to the assignment and Social Services Law § 104 (1) which provides, in pertinent part: "A [social *204 services] official may bring [an] action or proceeding against a person discovered to have real or…”
Roberts v. Total Health Care, Inc., 709 A.2d 142 (Md. 1998). · cites it 2× “); N.Y. Social Services Law § 104 -b (Law. Co-op 1984); N.”
Green v. City of New York, 438 F. Supp. 2d 111 (E.D.N.Y 2006). · cites it 2× “When the parent plaintiffs filed personal injury actions to recover against the parties that allegedly caused the infant plaintiffs’ disabilities, the HRA imposed liens pursuant to N.Y. Social Services Law § 104 -b to recover the City of New York’s Medicaid expenditures.”
Calvanese v. Calvanese, 710 N.E.2d 1079 (NY 1999). · cites it 2× “The Department’s right of recovery in such a situation is governed by Social Services Law § 104 (2), which provides: “No right of action shall accrue against a person under twenty-one years of age by reason of the assistance or care granted to him unless at the time it was…”
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