Lawyers Manual - Unified Court System

Public Assistance and Housing 281
7. For domestic violence related public assistance law, see 45 CFR § 260.50,
et seq., 42 USC § 402, NY Social Services Law § 131-u, NY Social
Services Law § 349-a, 18 NYCRR §§ 347.5, 351.2 and 369.2.
8. A fair hearing can be requested in person, by mail, phone, fax or online.
There is a specific form, the Fair Hearing Request Form, to request the
fair hearing in writing, available at
http://www.otda.state.ny.us/otda%20internet%20search/oah/FHREQ.pdf
(last visited June 19, 2006).
Fair hearings can be requested in person at the local district offices for
welfare, Medicaid or Food Stamps issues. To make a request by mail, send
the Fair Hearing Request Form to the Office of Temporary and Disability
Assistance, Office of Administrative Hearings, Fair Hearing Request Unit,
PO Box 1930, Albany, New York, 12201-1930. To obtain proof of service,
individuals requesting the fair hearing by mail should send the paperwork
certified mail and return receipt requested. To make a request by fax, send
the form to (518) 473-6735. On the Internet, applicants/recipients may also
directly request a hearing from OTDA’s website,
http://www.otda.state.ny.us/otda%20internet%20search/oah/default.asp (last
visited June 19, 2006)
Regardless of the method, applicants/recipients should keep a copy of the fair
hearing request. For information on requesting fair hearings and strategies at
fair hearings, see The Legal Aid Society’s How to Win Your Fair Hearing,
http://www.legal-aid.org/Uploads/fh_en_web.pdf (last visited June 19, 2006).
9. The numbers represented in the chart represent New York City grants for
families with children, which are typically higher grant amounts than in
other counties or for families without children. Also, in New York City and
some other counties, the shelter allowance may be increased by the Family
Eviction Prevention Subsidy (FEPS) or Jiggetts-like relief.
10. For issues relevant to domestic violence, see Office of Temporary and
Disability Assistance Administrative Directive 03 ADM-2 (Feb. 24, 2003),
99 ADM-8 (Nov. 2, 1999) and 98 ADM-3 (March 13, 1998; Errata Sept. 4,
1998), Family Independence Administration (of the New York City Human
Resources Administration/Department of Social Services) Policy Directive
(PD) 01-75-OPE (Dec. 21, 2001), Informational Directive (INF) 06-INF-11
(March 22, 2006), and Policy Bulletin (PB) 06-56-OPE (Apr. 14, 2006).
11. For Decisions After Fair Hearing (DAFHs), visit the Fair Hearing Bank
operated by the Empire Justice Center and the Western New York Law
Center, http://onlineresources.wnylc.net/welcome.asp?index=Welcome (last
visited June 19, 2006). Informational Letters, Policy Directives and