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What is a lien?

A lien is a claim against property that may be used to repay a debt.

Can DSS require me to give them a lien on my home as a condition of receiving public assistance?

Yes. The Department of Social Services (DSS) can require you to sign a lien if you own a home. They do this to make sure that when your home is sold or transferred, they will be repaid for any of the cash public assistance benefits they provided to you.

Do I have to sign a lien to receive food stamps, HEAP, or child care assistance?

No. You do not have to sign the lien to receive these benefits.

Do I have to sign a lien to receive Medicaid?

As a general rule no. There are some very narrow exceptions.

Will I lose my house if I sign the lien?

No. As long as you or your spouse lives in your house, DSS has no right to sell the house or force you to move. When your house is sold or transferred, however, DSS must be repaid for the public assistance they provided to you. If there is money left after DSS (and any other lien holders are repaid), you may keep that money.

What happens to the lien after I sign it?

DSS files the lien with the County Clerk’s office.

Will DSS help me pay the costs of owning my own home while I am on public assistance?

Yes. DSS must pay you a shelter allowance up to the maximum allowed to help you pay for some of the costs of owing your home (such as mortgage payment, real property taxes and homeowner’s insurance).

What happens if I refuse to sign the lien?

DSS will not give you or your spouse any cash assistance. If there are children in the household, DSS must provide a public assistance grant for the children.

What if DSS made me work in order to receive public assistance?

If you had to take part in a work program sponsored by DSS in order to receive assistance, the amount that you received for that period of time should be deducted from the amount of the lien.

What if I receive SSI benefits after I was on public assistance?

If you were found eligible for SSI benefits and some of these benefits were sent directly to DSS, that amount should be deducted from the amount of the lien.

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Legal Assistance of Western New York, Inc.

This article provides general information about this subject. Laws affecting this subject may have changed since this article was written. For specific legal advice about a problem you are having, get the advice of a lawyer.  Receiving this information does not make you a client of our office.