§ 117 — State residence

New York § 117

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 4: Residence and Removal

Text

§ 117. State residence. 1. Any person who shall reside in the state\ncontinuously for one year under the conditions hereinafter specified\nshall be deemed to have state residence. State residence so acquired\nshall continue until such person shall have removed from the state and\nremained therefrom for one year; provided, however, that no person shall\nlose state residence by absence from the state while serving in the\narmed forces of the United States or in the United States merchant\nmarine, or while attached to and serving with the armed forces of the\nUnited States and, provided further, that no member of the family of any\nsuch person shall lose state residence by absence from the state while\nliving with or near such person during the period of such service and on\naccount thereof.\n 2. An infant shall, at the time of birth, whether within or without\nthe state, be deemed to have state residence if he is in the custody of\nboth birth parents and either of them has state residence or if the\nbirth parent having his custody has state residence. State residence so\nacquired by a child born within the state shall continue until the child\nshall have removed from the state and remained therefrom for one year.\nState residence so acquired by a child born without the state shall\nterminate when he becomes one year of age if he remains without the\nstate during such year. For the purpose of this subdivision and section,\na child born out of wedlock whose birth parents were living together on\nthe date of his birth shall be deemed to have been in the custody of\nboth his parents on such date if his birth father has acknowledged or\nbeen adjudicated to be such.\n 3. (a) Notwithstanding any other provision of law, no public\nassistance benefits shall be paid to or for any person who is not a\nresident of the state as provided in this article, except that\nassistance shall be provided to a person who is otherwise eligible\nduring the first twelve months in the state at a rate not exceeding the\nhigher of fifty percent of the amount otherwise payable or the standard\nof need applicable to the person under the laws of the state, if any, in\nwhich he or she resided immediately prior to arrival in this state, but\nunder no circumstances may such allowances exceed the amounts payable to\na resident under this chapter; and no assistance shall be provided for\nany noncitizen during the first twelve months such person resides in the\nUnited States, except as set forth in paragraph (b) of this subdivision\nand except persons domiciled in the state on the effective date of this\nsection, and except as otherwise required by federal law. For purposes\nof this section, the standard of payment applicable in another state\nshall refer to a schedule of comparative grants to be promulgated\nbiennially, setting forth the amount of that state's maximum standard of\npayment with respect to each such program, if any, for each household\nsize for any state which financially participates in or mandates a\nprogram under title IV-A of the federal social security act or a general\nassistance or disability assistance program.\n (b) This subdivision shall not apply to any person entitled to\nfederally funded refugee cash assistance under Title IV of the\nImmigration and Nationality Act or to any person participating in a\nproject authorized under section 412(e) of the Immigration and\nNationality Act.\n