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What is NYC AC § 21-316?

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This section defines the criteria under which applicants exiting HRA domestic violence shelters are presumed eligible for temporary shelter placement provided by the department. It outlines the conditions for eligibility, including prior residency in a shelter and notification requirements. Applies to individuals transitioning from domestic violence shelters to temporary housing.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 21-316 Presumption of eligibility.

AC § 21-316

a. For purposes of this section, "HRA domestic violence shelter" shall mean any residential care facility providing emergency shelter and services to victims of domestic violence and their minor children and operated by the department of social services/human resources administration or a provider under contract or similar agreement with the department of social services/ human resources administration. b. The department shall deem any applicant residing in an HRA domestic violence shelter an eligible homeless person for purposes of temporary shelter placement provided by the department provided (i) the applicant is no longer eligible for such HRA domestic violence shelter because such applicant has exhausted the maximum length of stay permitted at such HRA domestic violence shelter; (ii) the human resources administration or successor entity has provided the department with advance notice of such applicant's upcoming exit from such HRA domestic violence shelter, with the human resources administration or successor entity required to provide such advance notice where applicable; and (iii) such applicant reports to the department on the same calendar day as the applicant's exit from such HRA domestic violence shelter. Such applicants shall not be required to undergo an eligibility determination process at a department intake facility prior to being admitted to a temporary shelter placement.

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