I am applying for/receiving cash assistance. HRA is requiring me to pursue child support and/or work activity, but I fear that this may be unsafe for me and my family due to domestic violence. What do I do?

Survivors of domestic violence may be able to get a waiver of public assistance rules – including work activity rules and child support cooperation rules. Waivers are given for six months at a time. Every six months, HRA will reassess for the waiver.

How do I get the waiver?

HRA asks everyone who applies for or gets cash public assistance if there is domestic violence and, if so, whether you would like to talk to a domestic violence liaison (or “DVL”). To meet with a DVL, you need to say on your application form or tell the worker that there has been domestic violence. If you’re applying on AccessHRA or a paper application, select the answer “Yes, and I want to talk with a DVL” in the forms shown below.

Who are domestic violence liaisons (DVLs)?

DVLs are licensed social workers who work for HRA and handle the domestic violence waiver process. Like all HRA workers, DVLs are mandated reporters and must report any suspected child abuse, neglect, or mistreatment to ACS.

What do domestic violence liaisons (DVLs) do?

The domestic violence liaison (DVL) is the main person at HRA who handles the domestic violence waiver process. The DVL decides whether they believe what you are saying about the domestic violence, whether your domestic violence meets the definition that HRA uses, and whether you are eligible for the waiver. Most of the time, you will only talk to the DVL by phone.

How do I “prove” domestic violence?

Sometimes, you will have paper evidence of domestic violence (DV) – such as a police report, an order of protection, or a DV shelter letter. If you do, you should give those documents to HRA. However, a lot of DV survivors don’t have any pieces of paper that “prove” domestic violence. You can just tell the DVL that there has been domestic violence. HRA can’t require any specific kind of evidence. Your statement should be enough.

What does HRA mean by “domestic violence”?

HRA defines domestic violence as a pattern of coercive behavior by one family or household member (they do not have to be related) or partner/ex-partner on another, with the goal of getting and keeping power and control over the other person. The definition of domestic violence makes it clear that physical abuse is not required.

What are the domestic violence liaisons (DVLs) looking for, anyway?

For someone to get a “domestic violence waiver,” the answer to one of these questions must be “yes”:

1. Will public assistance rules put you at further risk of domestic violence?
2. Will public assistance rules put your child/ren at further risk of domestic violence?
3. Will public assistance rules make it more difficult for you to escape from domesticviolence?
4. Will public assistance rules make it more difficult for your child/ren to escape fromdomestic violence?

The domestic violence liaison probably won’t ask you these questions directly. Instead, they usually decide for themselves whether the answer is yes based on the information you give them.

What is a “partial waiver”?

Years ago, NYC sometimes gave “partial waivers” to survivors of domestic violence (DV). The most common partial waiver was hiding your address when HRA sued the noncustodial parent for child support. However, NYC now should only give a full waiver or no waiver at all. We do not have partial waivers anymore.

What is the “opt in” for work activities or child support?

If you are granted a full waiver, you may opt into the work activities program and/or child support cooperation (including establishment of parentage). However, it is absolutely optional. You should not be pressured to participate in one or both of these programs.
What happens if I opt into the work activity rules and then fail to attend appointments?
You will have to meet with the domestic violence liaison (DVL) for reassessment. You can ask for the full waiver or explain why you couldn’t go to the appointment or work activity.

How long do the waivers last?

Waivers last for 6 months. You will be called in for a reassessment before the 6-month mark.

What happens at the 6-month reassessment?

You will meet again with a domestic violence liaison (DVL). The DVL should only be assessing whether the need for the waiver still exists – meaning whether the answer is still “yes” to one or more of the four questions listed on page 11. The reassessment is not about your credibility—meaning whether the DVL believes you—or the original domestic violence.

How will I know if I received the waiver or if I was denied?

HRA must give you a written notice of its decision on your waiver. The notice will be on Form LDSS-4594, shown below. If HRA denies your waiver, it must give a reason for the denial on the form.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.