Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System Lawyers Manual - Unified Court System
274 Amy E. Schwartz and Sharon Stapel buildings. Housing is available to applicants who meet income and other eligibility requirements (such as immigration status and criminal record status) developed by both HUD and the local public housing authority. 116 Those who apply for assistance at a housing program with a stated domestic violence priority preference policy will likely be asked to document the abuse. The public housing authority operates like a landlord and is responsible for collecting rent, selecting tenants and managing the units. The amount of rent a tenant pays will vary depending upon the size of the unit and the tenant’s income. Some public housing authorities may also offer additional services such as on-site employment training and children’s services. New York City Housing Authority’s Public Housing Programs NYCHA offers domestic violence survivors priority when applying for an apartment in NYCHA housing or when requesting a transfer within the housing authority. Priority status allows an application for NYCHA housing to be processed more quickly than other applications, but approval can take several months. Once approved, applicants will be placed on a waiting list until an apartment becomes available. Applicants do not have to be in the shelter system to qualify for the domestic violence priority. 117 In New York City, applicants may not move within specified zip code zones (e.g., the zip code in which they lived when the violence occurred and surrounding zip codes). 118 Staten Island has not been divided into zones, and Staten Island residents will not be able to remain on Staten Island. Approval can take several months. Additional Requirements for New York City’s Public Housing Options Every member of the family on the Section 8 or NYCHA application is subject to a criminal background check, which NYCHA runs based on name, date of birth and social security number. Criminal convictions could affect eligibility. 119 Applicants who owe past rental arrears for a NYCHA, Section 8 apartment are not eligible to apply for these programs until the arrears have been paid. Although some categories of immigrants are eligible to apply for public housing and Section 8 assistance, in cases in which one family member is ineligible, there is a detailed formula to determine the amount that individuals would have to contribute towards rent. Housing Stability Plus (New York City) In New York City, Housing Stability Plus (HSP or “The Plus Program”) is a permanent housing subsidy available to New York City residents who are
Public Assistance and Housing 275 leaving a homeless or domestic violence shelter for permanent housing. In New York City, homeless shelter residents will now apply for HSP instead of Section 8 or public housing. The family must have an open public assistance case and at least one minor receiving benefits. HSP is a form of rental assistance through the public assistance case. The Human Resources Administration/Department of Social Service’s (HRA/DSS) Office of Domestic Violence Emergency Intervention Services (ODVEIS), rather than the Department of Homeless Services (DHS), will process applications for domestic violence shelter residents with active public assistance cases. HSP is a timelimited rental subsidy for families residing in shelters. Domestic violence survivors are eligible for SHP after 42 days in shelter. HSP is intended to streamline the shelter process for survivors. Survivors and their families should transfer directly from an HRA shelter to Department of Homeless Services (DHS) housing, bypassing DHS intake. HSP is available to families for a maximum of five years and will decrease by 20% each year. At the end of the fifth year, the subsidy will end, and the family will be expected to pay for shelter costs. Families in HRA/DSS domestic violence shelters can apply after 42 days in shelter for HSP. The amount of the supplement is based on the number of family members receiving public assistance and the number of bedrooms of the apartment. For example, in 2006, a household of one would be eligible for a $765 subsidy, a household of two would be eligible for a $820 subsidy and a family of three or four would be eligible for a $925 subsidy. Emergency Transfers in Public Housing Rather than forfeit public housing for safety, the client may want to consider seeking a transfer allowing her to move to a different unit or to another housing development. While HUD has encouraged PHAs to develop special transfer policies to assist domestic violence survivors who need to move within the public housing system, many agencies have chosen not to formalize any procedure. 120 VAWA III reforms do not specifically require the creation of survivor-sensitive transfer policies. In order to determine the transfer policies, advocates will need to examine the local admissions and operating plans. If policies are not survivor-friendly, advocates may lobby their local PHAs to adopt such policies. Regardless of local policy, PHAs have the discretion to allow these transfers. If a client is having difficulty with a transfer, advocates should send a letter explaining the client’s situation and requesting relief.
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274 Amy E. Schwartz and Sharon Stapel<br />
buildings. Housing is available to applicants who meet income and other<br />
eligibility requirements (such as immigration status and criminal record status)<br />
developed by both HUD and the local public housing authority. 116 Those who<br />
apply for assistance at a housing program with a stated domestic violence<br />
priority preference policy will likely be asked to document the abuse.<br />
The public housing authority operates like a landlord and is responsible for<br />
collecting rent, selecting tenants and managing the units. The amount of rent a<br />
tenant pays will vary depending upon the size of the unit and the tenant’s<br />
income. Some public housing authorities may also offer additional services such<br />
as on-site employment training and children’s services.<br />
New York City Housing Authority’s Public Housing Programs<br />
NYCHA offers domestic violence survivors priority when applying for an<br />
apartment in NYCHA housing or when requesting a transfer within the housing<br />
authority. Priority status allows an application for NYCHA housing to be<br />
processed more quickly than other applications, but approval can take several<br />
months. Once approved, applicants will be placed on a waiting list until an<br />
apartment becomes available. Applicants do not have to be in the shelter system<br />
to qualify for the domestic violence priority. 117<br />
In New York City, applicants may not move within specified zip code zones<br />
(e.g., the zip code in which they lived when the violence occurred and<br />
surrounding zip codes). 118 Staten Island has not been divided into zones, and<br />
Staten Island residents will not be able to remain on Staten Island. Approval can<br />
take several months.<br />
Additional Requirements for New York City’s Public Housing Options<br />
Every member of the family on the Section 8 or NYCHA application is<br />
subject to a criminal background check, which NYCHA runs based on name,<br />
date of birth and social security number. Criminal convictions could affect<br />
eligibility. 119 Applicants who owe past rental arrears for a NYCHA, Section 8<br />
apartment are not eligible to apply for these programs until the arrears have<br />
been paid. Although some categories of immigrants are eligible to apply for<br />
public housing and Section 8 assistance, in cases in which one family member is<br />
ineligible, there is a detailed formula to determine the amount that individuals<br />
would have to contribute towards rent.<br />
Housing Stability Plus (New York City)<br />
In New York City, Housing Stability Plus (HSP or “The Plus Program”) is a<br />
permanent housing subsidy available to New York City residents who are