Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
270 Amy E. Schwartz and Sharon Stapel In New York City, domestic violence shelter residents must wait 42 days after arriving in a shelter to apply for permanent housing. At 42 days, shelter residents may apply for housing through development-based housing or Section 8, but these applications can take several weeks to several months to be approved. This results in residents being discharged from the shelter prior to obtaining permanent housing. HRA/DSS is considering changing this policy so that shelter residents can begin applying for permanent housing within 21 days of shelter residence. As of June 2006, no official policy change has been issued. 100 When clients are discharged from a residential domestic violence program and re-housed in unfurnished housing, the local district must provide essential furnishings, equipment, and supplies necessary to establish a home. 101 Some domestic violence programs also operate transitional housing programs that allow longer stays in more permanent housing. Currently, only a handful of these programs exist throughout the state. To find out about services in your community, you can contact your local domestic violence service provider. Subsidized Housing: A Brief Primer The two primary subsidized housing programs available to survivors of domestic violence are the Section 8 program (formally known as the “Housing Choice Voucher Program”) and the “Public Housing” program. While the US Department of Housing and Urban Development (HUD) grants funds for these programs, local public housing agencies (PHAs) administer them. PHAs are given some discretion to tailor program policies and procedures to community needs. As a result, program policies and procedures vary regionally throughout the state and may even vary substantially within a single county. In New York State, local PHAs may be a municipal “Housing Authority” created under the state’s public housing law. In New York City, the local PHA is New York City Housing Authority (NYCHA). In the case of the Section 8/Housing Choice Voucher Program, the PHA may be either a housing authority, the municipality itself, or simply a not-for-profit corporation. The size of the geographic areas served by the PHAs also vary and, in some communities, PHA jurisdictions even overlap. It is important to be familiar with all of the PHAs operating in the region to ensure that the client is considered for all available housing programs. Lists of the programs operating in each county are available from the HUD website at: http://www.hud.gov/offices/pih/pha/contacts/index.cfm. Eligibility and admission policies and administrative procedures will vary by program. To find the admissions policies and procedures for a local PHA, practitioners should request a PHA’s “Admissions and Continued Occupancy
Public Assistance and Housing 271 Plan” or “Tenant Selection and Assignment Plan.” For the Section 8/Housing Choice Voucher program, practitioners should request the “Administrative Plan” for that PHA. Additionally, practitioners can obtain a copy of the PHA’s overall operating plans (referred to by both the Section 8/Housing Choice Voucher administrators and public housing authorities as the “PHA Plan”). Despite specific direction from HUD in the early 2000’s encouraging the creation and implementation of domestic violence survivor-friendly policies and procedures, many local PHAs elected not to institute such accommodations in either the Section 8 or the public housing arenas. 102 However, as a part of federal housing reforms contained in the recent Violence Against Women Act (VAWA III), effective January 5, 2006, PHAs are now required to formally address domestic violence, stalking, and dating violence survivors’ needs in both their annual103 and their five year plans. 104 Therefore, in order to comply, PHAs must now describe any goals, objectives, policies, or programs they have in place to serve the housing needs of these victims and collaborate with victim service providers in creating these new policies and procedures. 105 Where legal advocates want to have input into drafting and implementation of survivorfriendly policies in their locality, they should consider meeting directly with local PHA administrators or writing letters or testifying during annual openpublic comment periods. On June 23, 2006 HUD issued PIH 2006-23, which discusses the implementation of VAWA III and directs PHAs to “make tenants participating in all public housing and voucher programs as well as owners participating in the Section 8 voucher program aware of the requirements of VAWA III as soon as possible.” Because the demand for public housing and Section 8 vouchers often exceeds the available resources, PHAs may establish a list of local preferences for selecting priority applicants from its waiting list. Each PHA has the discretion to determine its own preferences, which might include homelessness, involuntary displacement, high rental costs or domestic violence. Priority preferences are not a guarantee of housing or a voucher, but they offer those who are otherwise eligible an opportunity to have quicker access to this scare resource. Although there remains policy direction from HUD encouraging local PHAs to consider preferences for domestic violence survivors and their children, many PHAs have not implemented such preferences to date. 106 Unfortunately, VAWA III does not require the creation of such preferences. However, utilizing both the HUD policy guidance together with the broad VAWA III policy directives, domestic violence service providers may want to advocate with their local PHAs for the adoption of these preferences, as well as other protections. 107
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270 Amy E. Schwartz and Sharon Stapel<br />
In New York City, domestic violence shelter residents must wait 42 days<br />
after arriving in a shelter to apply for permanent housing. At 42 days, shelter<br />
residents may apply for housing through development-based housing or<br />
Section 8, but these applications can take several weeks to several months to be<br />
approved. This results in residents being discharged from the shelter prior to<br />
obtaining permanent housing. HRA/DSS is considering changing this policy so<br />
that shelter residents can begin applying for permanent housing within 21 days of<br />
shelter residence. As of June 2006, no official policy change has been issued. 100<br />
When clients are discharged from a residential domestic violence program<br />
and re-housed in unfurnished housing, the local district must provide essential<br />
furnishings, equipment, and supplies necessary to establish a home. 101 Some<br />
domestic violence programs also operate transitional housing programs that<br />
allow longer stays in more permanent housing. Currently, only a handful of<br />
these programs exist throughout the state. To find out about services in your<br />
community, you can contact your local domestic violence service provider.<br />
Subsidized Housing: A Brief Primer<br />
The two primary subsidized housing programs available to survivors of<br />
domestic violence are the Section 8 program (formally known as the “Housing<br />
Choice Voucher Program”) and the “Public Housing” program. While the US<br />
Department of Housing and Urban Development (HUD) grants funds for these<br />
programs, local public housing agencies (PHAs) administer them. PHAs are<br />
given some discretion to tailor program policies and procedures to community<br />
needs. As a result, program policies and procedures vary regionally throughout<br />
the state and may even vary substantially within a single county. In New York<br />
State, local PHAs may be a municipal “Housing Authority” created under the<br />
state’s public housing law. In New York City, the local PHA is New York City<br />
Housing Authority (NYCHA). In the case of the Section 8/Housing Choice<br />
Voucher Program, the PHA may be either a housing authority, the municipality<br />
itself, or simply a not-for-profit corporation. The size of the geographic areas<br />
served by the PHAs also vary and, in some communities, PHA jurisdictions<br />
even overlap. It is important to be familiar with all of the PHAs operating in the<br />
region to ensure that the client is considered for all available housing programs.<br />
Lists of the programs operating in each county are available from the HUD<br />
website at: http://www.hud.gov/offices/pih/pha/contacts/index.cfm.<br />
Eligibility and admission policies and administrative procedures will vary<br />
by program. To find the admissions policies and procedures for a local PHA,<br />
practitioners should request a PHA’s “Admissions and Continued Occupancy