Lawyers Manual - Unified Court System

268 Amy E. Schwartz and Sharon Stapel
and an expert in welfare law strategize together to best determine how to
structure a settlement that maintains the client’s eligibility for public assistance.
Housing Options: Domestic Violence Shelters and
Public Housing
In this section we focus on options survivors have if they choose to leave
their current housing and find emergency or permanent housing of their own.
Of course, survivors need not leave their home to escape the abuse.
Regardless of who holds the lease or title, orders of protection can direct the
abuser to vacate the residence and the Supreme Court may grant exclusive
possession and occupancy of the home as a part of a divorce proceeding. These
remedies are often helpful for survivors who desire to remain in their own
home, cannot afford alternative housing, and do not want to needlessly uproot
their children and leave their possessions and their pets behind. However, for
many survivors, remaining in a location known by their abuser can be extremely
frightening and dangerous. For those who choose to relocate for safety reasons,
domestic violence shelters and public housing programs offer safe and
affordable places to go. However, the nature of these services can vary
significantly from county to county. Therefore, before doing anything that may
affect a client’s housing, advocates should attempt to speak to a local domestic
violence program or a housing expert who is familiar with local resources.
Residential Domestic Violence Programs
Domestic violence survivors over age sixteen who are in imminent danger
and have no safe place to live are eligible for shelter regardless of sex, gender,
sexual orientation, immigration status, family size, marital status, income,
community of origin, or any other factor. However, because of space restrictions
or inability to provide attendant care services, some shelters may limit the
number of beds available for large families, single people, male survivors88 or
older male children, or residents (or their children) with certain disabilities or
health problems. 89
All local social services districts are required to offer and provide
residential domestic violence services. 90 Most local districts have chosen not to
offer their own and, instead, have contracted with existing residential domestic
violence service providers (“approved providers”) in their county. The New