N.Y. Mental Hyg. Law § 16.31

§ 16.31 Monthly personal allowances.\n (a) All persons residing in facilities for which an operating\ncertificate is required pursuant to this article shall be entitled to an\nexemption from income as a personal needs allowance in the following\namounts:\n 1. For persons residing in family care, community residences or\nschools for persons with developmental disabilities, the amount\nspecified in subdivision one of section one hundred thirty-one-o of the\nsocial services law.\n 2. For persons residing in intermediate care facilities, the amounts\nset forth in subparagraph ten of paragraph a of subdivision two of\nsection three hundred sixty-six of the social services law.\n (b) Any person residing in a facility for which an operating\ncertificate is required pursuant to this article who has no income, or\nwho has otherwise non-exempt income in an amount less that the\nappropriate amount pursuant to subdivision (a) of this section, shall be\neligible for a state payment in an amount equal to subdivision (a) of\nthis section less the amount of the person's otherwise non-exempt\nincome.\n