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1
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OPINION
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EXTRACTED KEY WORDS
SOCIAL SERVICES LAW ASSISTANCE PETITIONER DSS SHELTER HOUSING ASSISTANCE PAYMENTS TEMPORARY HOUSING INCOME NET ASSISTANCE SAFETY NET ASSISTANCE RECEIVING PUBLIC ASSISTANCE COST STANDARD HOMELESS ENTITLEMENT SSI APPELLATE DIVISION RESPONDENT FEDERAL DISABILITY BENEFITS HOME RELIEF MATTER COMMISSIONER COUNTY STATUTORY SECURITY INCOME TEMPORARY EMERGENCY RESOURCES |
IN THE MATTER OF ELIAS RODRIGUEZ, APPELLANT, v. BRIAN J. WING, &C., ET AL.,
RESPONDENTS.
94 N.Y.2d 192 (1999).
December 2, 1999
2 No. 187
(99 NY Int. 0170)
Decided December 2, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Michael D. Hampden, for appellant.
Mark Gimpel, for respondent State Commissioner.
Marguerite R. Wiess, for respondent County
Commissioner.
LEVINE, J.:
Respondent Commissioner of the Westchester County Department of Social
Services (DSS) contracted with a privatenon-profit agency to provide
shelter for petitioner Elias Rodriguez, a homeless person who is
permanently disabled by mental illness. As a condition of continued
receipt of that housing assistance, DSS required petitioner to use a
portion of his Federal disability benefits to contribute to the cost
of the shelter. DSS allowed petitioner to retain, out of his Federal
benefits, a sum equal to the statutory standard of monthly need apart
from shelter to which petitioner was found to be entitled under Social
Services Law § 131-a(2). The issue in this case is whether DSS could
legally require petitioner to assign all but the retained portion of
Federal benefits as a condition for the continued provision of housing
assistance by way of direct payments to the residence on petitioner's
behalf. We agree with Supreme Court and the Appellate Division that it
can.
Petitioner began receiving the temporary shelter assistance in 1986.
DSS paid Westhab, Inc., which operated the New Windham Residence in
Yonkers, $1,800 per month to house petitioner. While residing at New
Windham, petitioner began receiving $564 per month in Supplemental
Security Income (SSI; see, 42 USC § 1382) and Social Security
Disability (SSD; see, 42 USC § 423) from the Federal government. He
also received food stamps.
SNIPPETS:
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