N.Y. Pub. Hous. Law § 618 — Division of an assisted family

* § 618. Division of an assisted family. 1. In those instances where a family assisted under this article becomes divided into two otherwise eligible individuals or families due to divorce, legal separation or the division of the family, where such individuals or families cannot agree as to which such individual or family should continue to receive the assistance, and where there is no determination by a court, the housing access voucher local administrator shall consider the following factors to determine which of the individuals or families will continue to be assisted:

(a) which of such individuals or families has custody of dependent children;

(b) which such individual was the head of household when the voucher was initially issued as listed on the initial application;

(c) the composition of such individuals and families and which such family includes elderly or disabled members;

(d) whether domestic violence was involved in the breakup of such family;

(e) which family members remain in the unit; and

(f) recommendations of social services professionals.

2. Documentation of these factors will be the responsibility of the requesting parties. If documentation is not provided, the housing access voucher local administrator will terminate assistance on the basis of failure to provide information necessary for a recertification.

* NB Expires May 1, 2030