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Is it true only a certain amount can be taken out of your disability benefits?

New York, NY |

when I was working housing (hud subsidy) was taking 30% of my income now a friend told me I should only be paying 10% because by law you are not suppose to take out a lot from disabled peoples income. Is this true?

I'm no longer working and receive disability benefits so can they only take out 10% for housing costs?

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Attorney answers 2


If you are in HUD subsidized housing, you are paying a set percentage of your income for your housing regardless of the actual fair market value of the housing. That is itself a disability benefit.

There are statutory restrictions on who can take money from your disability income, all directed at creditors who are trying to collect money that you owe to them. That does not apply to the payments you are making for your housing, because that is not a collection action -- you are getting housing and you are paying a reduced rate.


Too little information. I think your "friend" was referring to a 10% limit on garnishments.



yes sorry for the little info I added more... yes garnishments for housing from my disability benefits

Roman Leonov

Roman Leonov


Ok, I was referring to income garnishments. In NY, the CPLR excludes disability benefits from most collections entirely. See CPLR 5222. Be careful not to enter into any voluntary payment plans, and make sure to speak to your attorney to figure out whether there may be an exception such as, for example, maintenance or support obligations.



ok thanks

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