Dworkin v. Dombrowski

OPINION OF THE COURT

Prudenti, P.J.

Recipients of federal supplemental security income (hereinafter SSI) benefits who are in “residential care” are entitled to a “monthly personal allowance” (Social Services Law § 131-o [1]; § 2 [21]; § 208 [1], [2]; § 209 [1] [b]; 18 NYCRR 398.2, 845.12 [a]). Section 131-o (2) of the Social Services Law states, among other things, that “[a] facility shall not demand, require or contract for payment of all or any part of the personal allowance in satisfaction of the facility rate for supplies and services.” We hold that the defendant residential care facility…