New York PBG Code § 618

Division of an assisted family
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* § 618. Division of an assisted family. 1. In those instances where a\nfamily assisted under this article becomes divided into two otherwise\neligible individuals or families due to divorce, legal separation or the\ndivision of the family, where such individuals or families cannot agree\nas to which such individual or family should continue to receive the\nassistance, and where there is no determination by a court, the housing\naccess voucher local administrator shall consider the following factors\nto determine which of the individuals or families will continue to be\nassisted:\n  (a) which of such individuals or families has custody of dependent\nchildren;\n  (b) which such individual was the head of household when the voucher\nwas initially issued as listed on the initial application;\n  (c) the composition of such individuals and families and which such\nfamily includes elderly or disabled members;\n  (d) whether domestic violence was involved in the breakup of such\nfamily;\n  (e) which family members remain in the unit; and\n  (f) recommendations of social services professionals.\n  2. Documentation of these factors will be the responsibility of the\nrequesting parties. If documentation is not provided, the housing access\nvoucher local administrator will terminate assistance on the basis of\nfailure to provide information necessary for a recertification.\n  * NB Expires May 1, 2030\n

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