New York Consolidated Laws
N.Y. Social Services Law § 342 (2026)
Noncompliance with the requirements of this title
✓ current as of May 2026
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§ 342. Noncompliance with the requirements of this title. 1. In accordance with the provisions of this section an individual who is required to participate in work activities shall be ineligible to receive public assistance if he or she fails to comply, without good cause, with the requirements of this title. Such ineligibility shall be for the amount and periods specified in this section. Good cause for failing to comply with the requirements of this title shall be defined in department regulations, provided, however, that the parent or caretaker relative of a child under thirteen years of age shall not be subject to the ineligibility provisions of this section if the individual can demonstrate, in accordance with the regulations of the office of children and family services department, that lack of available child care prevents such individual from complying with the work requirements of this title. The parent or caretaker relative shall be responsible for locating the child care needed to meet the work requirements; provided, however, that the relevant social services district shall provide a parent or caretaker relative who demonstrates an inability to obtain needed child care with a choice of two providers, at least one of which will be a regulated provider. 2. In the case of an applicant for or recipient of public assistance who is a parent or caretaker of a dependent child the public assistance benefits otherwise available to the household of which such individual is a member shall be reduced pro-rata: (a) for the first instance of failure to comply without good cause with the requirement of this article until the individual is willing to comply; (b) for the second instance of failure to comply without good cause with the requirements of this article, for a period of three months and thereafter until the individual is willing to comply; (c) for the third and all subsequent instances of failure to comply without good cause with the requirements of this article, for a period of six months and thereafter until the individual is willing to comply. 3. In the case of an individual who is a member of a household without dependent children applying for or in receipt of safety net assistance the public assistance benefits otherwise available to the household of which such individual is a member shall be reduced pro-rata: (a) for the first such failure or refusal, until the failure or refusal ceases or ninety days, which ever period of time is longer; (b) for the second such failure or refusal, until the failure ceases or for one hundred fifty days, whichever period of time is longer; and (c) for the third and all subsequent such failures or refusals, until the failure ceases or one hundred eighty days, whichever period of time is longer. 4. A recipient of public assistance who quits or reduces his hours of employment without good cause shall be considered to have failed to comply with the requirements of this article and shall be subject to the provisions of this section. 5. A person described in paragraph (b) of subdivision seven of section one hundred fifty-nine of this chapter may not be sanctioned if his or her failure to comply with requirements of this title are related to his or her health status. 6. The provisions of this section shall not apply to persons who are residents of a city having a population of one million or more people.
Notes of Decisions
Cited in 7
cases, 1998–2019 · leading case: Matter of Puerto v. Doar, 142 A.D.3d 34 (N.Y. App. Div. 2016).
Matter of Puerto v. Doar, 142 A.D.3d 34 (N.Y. App. Div. 2016). “r refused to comply with the requirements of this title, the social services district shall issue a notice in plain language indicating that such failure or refusal has taken place and of the right of such participant to conciliation to resolve the reasons for such failure or…”
Santana v. Hammons, 177 Misc. 2d 223 (N.Y. Sup. Ct. 1998). “(Social Services Law § 342 [3].) A Home Relief recipient may request an administrative fair hearing before an Administrative Law Judge (ALJ) to challenge a proposed discontinuance of benefits.”
Henopp v. Wing, 283 A.D.2d 986 (N.Y. App. Div. 2001). “In light of the valid legislation premising the eligibility of children within a family unit upon the eligibility of the entire household, we reject the contention of petitioner that the discontinuance of public assistance benefits to the entire family unit infringes upon the…”
Matter of Covert v. Niagara Cnty., 2019 NY Slip Op 3870 (N.Y. App. Div. 2019). “Significantly, the benefits of a recipient who fails to participate in a required WEP without good cause are subject to reduction or forfeiture ( see Social Services Law § 342). The fact that recipients of public assistance must participate in a WEP to receive benefits without…”
Berman v. New York State Dep't of Soc. Servs., 107 A.D.3d 509 (N.Y. App. Div. 2013). “Indeed, petitioner, who failed to comply with at least two other employment requirements, testified that she failed to appear on the first day of her March 2011 work assignment (see Social Services Law § 342 [3] [c]). Petitioner did not have “good cause” for her absence from…”
Berman v. New York State Dep't of Soc. Servs., 107 A.D.3d 509 (N.Y. App. Div. 2013). “Indeed, petitioner, who failed to comply with at least two other employment requirements, testified that she failed to appear on the first day of her March 2011 work assignment (see Social Services Law § 342 [3] [c]). Petitioner did not have “good cause” for her absence from…”
Prawl v. Wing, 302 A.D.2d 596 (N.Y. App. Div. 2003). “Accordingly, the agency was correct in temporarily discontinuing a portion of the petitioner’s public assistance (see Social Services Law § 342 [2]; 12 NYCRR 1300.”
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