N.Y. Soc. Serv. Law § 360

§ 360. Real property of legally responsible relatives; deeds and\nmortgages may be required. 1. The ownership of real property by an\napplicant or applicants, recipient or recipients who is or are legally\nresponsible relatives of the child or children for whose benefit the\napplication is made or the aid is granted, whether such ownership be\nindividual or joint as tenants in common, tenants by the entirety or\njoint tenants, shall not preclude the granting of family assistance or\nthe continuance thereof if he or they are without the necessary funds to\nmaintain himself, herself or themselves and such child or children. The\nsocial services official may, however, require, as a condition to the\ngranting of aid or the continuance thereof, that he or she be given a\ndeed of or a mortgage on such property in accordance with the provisions\nof section one hundred six.\n 2. However, while the property covered by the deed or mortgage is\noccupied, in whole or in part, by the responsible relative who gave such\ndeed or mortgage to the social services official or, by a child for\nwhose benefit the aid was granted the social services official shall not\nsell the property or assign or enforce the mortgage without the written\nconsent of the department; and, when the property is occupied by such\nchild, such consent shall not be given unless it appears reasonably\ncertain that the sale or other disposition of the property will not\nmaterially adversely affect the welfare of such child.\n 3. The net amount recovered by the social services department from\nsuch property, less any expenditures approved by the department for the\nburial of the relative or the child who dies while in receipt of aid\nunder this title, shall be used to repay the social services district,\nthe state and the federal government their proportionate share of the\ncost of family assistance granted. The state and federal share shall be\npaid by the social services district to the state and the manner and\namount of such payment shall be determined in accordance with the\nregulations of the department.\n 4. If any balance remains it shall belong to the estate of the\nlegally responsible relative or relatives and the public welfare\ndistrict shall forthwith credit the same accordingly, and, provided they\nclaim it within four years thereafter, pay it to the persons entitled\nthereto. If not so claimed within four years it shall be deemed\nabandoned property and be paid to the state comptroller pursuant to\nsection thirteen hundred five of the abandoned property law.\n 5. The proceeds or moneys due the United States shall be paid or\nreported in such manner and at such times as the federal security agency\nor other authorized federal agency may direct.\n