New York Consolidated Laws

N.Y. Social Services Law § 133 (2026)

Temporary preinvestigation emergency needs assistance or care

✓ current as of May 2026

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§ 133. Temporary preinvestigation emergency needs assistance or care.
Upon application for public assistance or care under this chapter, the
local social services district shall notify the applicant in writing of
the availability of a monetary grant adequate to meet emergency needs
assistance or care and shall, at such time, determine whether such
person is in immediate need. If it shall appear that a person is in
immediate need, emergency needs assistance or care shall be granted
pending completion of an investigation. The written notification
required by this section shall inform such person of a right to an
expedited hearing when emergency needs assistance or care is denied. A
public assistance applicant who has been denied emergency needs
assistance or care must be given reason for such denial in a written
determination which sets forth the basis for such denial. Nothing in
this section shall be construed to require the social services district
or any state agency to provide medical assistance, except as otherwise
required by title eleven of this article.

Notes of Decisions

Cited in 11 cases, 1985–2012 · leading case: Coleman v. Daines, 979 N.E.2d 1158 (NY 2012).

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Coleman v. Daines, 979 N.E.2d 1158 (NY 2012). · cites it 8× “Daines, Commissioner of the New York State Department of Health, violated Social Services Law § 133 and *1090 her constitutional right to due process by failing to give her notice of the availability of “temporary assistance” benefits at the time of application.”

Coleman v. Daines, 79 A.D.3d 554 (N.Y. App. Div. 2010). · cites it 14× “Petitioner was not given notice of the availability of temporary Medicaid in the form of personal care attendant services that she claims she was entitled to pursuant to Social Services Law § 133 and article XVII, § 1 of the New York Constitution.”

Davis v. Perales, 137 Misc. 2d 649 (N.Y. Sup. Ct. 1987). · cites it 7× “) Social Services Law § 133 provides: "If it shall appear that a person is in immediate need, temporary assistance or care shall be granted pending completion of an investigation.”

Pastore v. Sabol, 230 A.D.2d 835 (N.Y. App. Div. 1996). · cites it 3× “), dated May 23,1994, as (a) declared that Social Services Law § 133 requires that the State and City provide applicants for public assistance with temporary assistance to meet their immediate medical needs, and (b) directed the New York State Department of Social Services,…”

Davis v. Perales, 151 A.D.2d 749 (N.Y. App. Div. 1989). · cites it 2× “Social Services Law § 133 provides: "If it shall appear that a person is in immediate need, temporary assistance or care shall be granted pending completion of an investigation” (emphasis supplied).”

Brad H. v. City of New York, 8 A.D.3d 142 (N.Y. App. Div. 2004). “The stipulation of settlement needed further modification, pursuant to Social Services Law § 133, to require the grant of temporary Medicaid benefits pending the completion of an *143 investigation for class members in immediate need.”

Konstantinov v. Daines, 101 A.D.3d 520 (N.Y. App. Div. 2012). · cites it 2× “Social Services Law § 133, “Temporary preinvestigation emergency needs assistance or care,” provides that “[u]pon application for public assistance or care .”

Gonzalez v. Blum, 127 Misc. 2d 558 (N.Y. Sup. Ct. 1985). “The source of the plaintiff’s claimed rights is Social Services Law § 133, which provides as follows: “If it shall appear that a person is in immediate need, temporary assistance or care shall be granted pending completion of an investigation.”

Hernandez v. Hammons, 239 A.D.2d 192 (N.Y. App. Div. 1997). “minations on the applications of plaintiff putative class, consisting of persons with HIV illness or AIDS, for emergency assistance consisting of rent security deposits, brokers’ fees and/or moving expenses (collectively, “emergency moving benefits”) within 48 hours and, if…”

City of New York v. Novello, 51 A.D.3d 544 (N.Y. App. Div. 2008). · cites it 3× “Following a stipulation of settlement entered into by the parties, this Court, in affirming a modification of the stipulation, held that the “stipulation of settlement needed further modification, pursuant to Social Services Law § 133, to *545 require the grant of temporary…”

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