§ 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.
Notes of Decisions
Cited in
8
cases, 1985–2019 · leading case:
Frumoff v. Wing, 239 A.D.2d 216 (N.Y. App. Div. 1997).
Frumoff v. Wing, 239 A.D.2d 216 (N.Y. App. Div. 1997).
“The motion court granted the petition and held that it was a "mandatory requirement” that the Commissioner of Social Services grant the relief where petitioners, who suffered from mental disabilities, mismanaged their funds, which resulted in potential loss of their housing…”
Darns v. Sabol, 165 Misc. 2d 77 (N.Y. Sup. Ct. 1995).
· cites it 2× “(Social Services Law § 300 [1].) Payments are to be made to meet emergency needs specified in Social Services Law § 303.”
Gooshaw v. Wing, 295 A.D.2d 838 (N.Y. App. Div. 2002).
“As correctly contended by respondents, the capital improvements sought by petitioner simply do not fall within the scope of EAA, which provides for emergency assistance to “aged, blind and disabled persons with emergency needs which, if not met, would endanger the health, safety…”
Moschella v. Romano, 110 A.D.2d 702 (N.Y. App. Div. 1985).
“*703 Based upon the evidence presented before the agency, we cannot say that the denial of petitioner’s application for Emergency Assistance for Adults was arbitrary or capricious (see, Social Services Law § 303 [1] [m]; 18 NYCRR 397.”
Hernandez v. Hammons, 239 A.D.2d 192 (N.Y. App. Div. 1997).
“Plaintiffs alleged that defendant fails to act on their applications for emergency moving benefits (Social Services Law § 303 [1] [e], [i], ¡j]; 18 NYCRR 397.”
Benjamin v. Perales, 139 A.D.2d 508 (N.Y. App. Div. 1988).
· cites it 2× “To establish eligibility for a grant of Emergency Assistance for Aged, Blind and Disabled Persons a recipient of Supplementary Security Income must show first that he has a need that is specified in Social Services Law § 303 and second, that if not met, the need would endanger…”
Matter of Rosario v. New York City Dept. of Soc. Servs., 2019 NY Slip Op 2884 (N.Y. App. Div. 2019).
“The OTDA's determination that the petitioner was not entitled to an assistance grant pursuant to EAA was based upon substantial evidence, as the petitioner testified that the damage was caused by normal wear and tear, and not an unforeseen event ( see Social Services Law §…”
Hsing Lee v. New York State Dep't of Soc. Servs., 254 A.D.2d 147 (N.Y. App. Div. 1998).
“3 [b] [5]), or even that an emergency grant of rental assistance, limited as such a grant would be to four months of arrears (see, Social Services Law § 303 [1] [m]), would eliminate the two-year arrearage to which the eviction proceedings against him are attributable.”
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