Lawyers Manual - Unified Court System

Public Assistance and Housing 273
federally-imposed eligibility requirements. Certain categories of non-citizens
with eligible immigration statuses may apply. However, income eligibility
levels will vary depending on the county or the city where the client chooses to
reside. 112 Generally, applicants will need to be below 50% of the area median
income, but, in some cases, they can have an income of up to 80% of the area
median. For example, in 2006 a family of three in New York City would
qualify for Section 8 with “30% of the median family income” if the total
household income is less than $19,150, as a “very low income family” if the
total household income is less than $31,900, and as a “low income family” if
the total household income is less than $51,050. In Rochester, a family of three
would qualify for Section 8 with “30% of the median family income” if the
total household income is less than $17,350, as a “very low income family” if
the total household income is less than $28,850, and as a “low income family”
if the total household income is less than $46,150. Practitioners should contact
the local PHA for a listing of the income limits for the area and family size.
Because this program is dependent upon federal funding, from time to time
Section 8 vouchers may be unavailable or severely limited. Applications for
Section 8 may be accepted during these time periods but processed when funding
is secured or applicants may be placed on extremely long waiting lists before
they can even be considered. 113 As a result, advocating for establishment of a
stated domestic violence preference in your community may enable these clients
to be given priority in lean times when vouchers actually become available.
Portability of Housing Choice Section 8 Vouchers
As vouchers are not attached to specific housing, the client may be able to
transport (also known as “port”) the voucher with her if she relocates, even on
an emergency basis. 114 This feature can be particularly useful for survivors who
must flee their home or their community but want to retain their crucial housing
subsidy. Under the VAWA III reforms, voucher holders who are survivors of
domestic violence, dating violence, and stalking may move to another
jurisdiction if they have complied with all other obligations and are relocating
because of imminent threats of further abuse if they remain in the unit. 115
Public Housing Programs
Throughout New York State there is also a large supply of housing owned
by public housing authorities. Also HUD-subsidized, these housing
developments are sometimes known as “projects.” Public housing projects may
vary from single-family homes to townhouses and large multi-family apartment