Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 21-108?

Quick Answer

This section establishes the responsibility of relatives, including spouses and parents, to support individuals receiving public assistance if they have sufficient means. It outlines the process for the commissioner to seek support from these relatives through family court if they fail to provide assistance. Applies to relatives of individuals in need of public assistance.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 21-108 Support of poor persons by relatives.

AC § 21-108

a. The spouse or parent of a recipient of public assistance or care or of a person liable to become in need thereof shall, if of sufficient ability, be responsible for the support of such person, provided that a parent shall be responsible only for the support of his or her minor child. Step-parents shall in a like manner be responsible for the support of minor step-children. b. If a sufficiently able relative of a poor person fails to support him or her, as in this section provided, and such person is being cared for or is about to be cared for by the commissioner, such commissioner may apply to the family court for an order to compel him or her to pay the reasonable charge determined by such commissioner for the care of such relative during his or her stay in the public or private institution, or home where the commissioner has placed him or her. The proceedings to be taken to make such order and to enforce the same shall be in the name of and conducted by the commissioner. The determination of such commissioner as to the reasonableness of such charges may at any time be reviewed in the family court. c. Evidence that the poor person mentioned in this section is without adequate means of support shall be presumptive proof of the possibility of his or her becoming a public charge. The relative against whom proceedings are begun for the support of a poor person shall be taken to be of sufficient ability to contribute to the support, unless the contrary shall affirmatively appear to the satisfaction of the court or a judge or justice thereof. d. Instead of bringing legal proceedings as in this section specified, the commissioner can directly enter into an agreement with a relative for the payment of the charges determined by such commissioner to be the reasonable charge for the care of the person maintained or about to be maintained by such commissioner as a public charge.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters