Lawyers Manual - Unified Court System

280 Amy E. Schwartz and Sharon Stapel
Notes
We are indebted to Susan Bahn, Allison Baker, Jennifer Baum, Richard Blum,
Jane Sujen Bock, Lauren Donnelly, Judith Goldiner and Elizabeth Saylor of the
Legal Aid Society, as well as Susan Antos and Michael Hanley of the Empire
Justice Center, and Jill Stein of New Destiny Housing Corporation’s
HousingLink.
1. Up to 80% of women receiving temporary assistance (welfare) may be
survivors of, or attempting to escape, violent relationships. Desk Reference
for DV Screening under the Family Violence Option, Administrative
Directive from the Office of Temporary and Disability Assistance to Local
District Commissioners 03 ADM-2 (Feb. 24, 2003), citing a Center for
Impact Research study.
2. The 1996 Federal Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA) “reformed” welfare and created stricter
requirements for public assistance applicants and recipients focusing on an
ideology of “welfare to work.” On August 4, 1997, the New York State
legislature passed The Welfare Reform Act (WRA) of 1997. New York
State was affected not only by these stricter requirements but also by the
City’s “diversion” tactics, in which the goal was to slash the public
assistance roles. “Diversion” tactics have been prohibited by a New York
City court order issued in Reynolds v Giuliani, 35 F Supp 2d 331 (SDNY
1999). Funding for federal welfare programs was extended to September
30, 2010, through the Deficit Reduction Act of 2005.
3. For a relatively straightforward explanation of the rules, see Office of
Temporary and Disability Assistance, Temporary Assistance Source Book,
http://www.otda.state.ny.us/otda/ta/sourcebook/TASB_FEB_2005 (last
visited June 19,2006) and Community Service Society, Public Benefits
Resource Center Manual, http://pbrcmanual.cssny.org (Note: CSS now
charges a fee for online subscriptions to this manual; last visited June 19,
2006).
4. See Office of Temporary and Disability Assistance, Temporary Assistance,
http://www.otda.state.ny.us/otda/ta/default.htm (last visited June 19, 2006).
5. See generally 18 New York Code, Rules & Regulations (NYCRR) § 415.
6. Families who are over-income for public assistance cash or shelter
assistance benefits may still be eligible for Food Stamps or Medicaid,
which have higher income limits. These families should apply for the Food
Stamps and Medicaid programs directly.