DHS can separate family members when they believe there is a risk of DV. DHS may separate family members following a verbal conflict, a physical fight, an arrest, or the issuance of an order of protection. Even a minor verbal argument may cause DHS to separate family members.

NoVA stands for “No Violence Again.” NoVA is part of the NYC Human Resources Administration (HRA), and its staff includes trained DV counselors. The alleged victim must have a NOVA assessment if the family members wish to live together in shelter again.

• For families with children under age 21 or pregnant people, a NoVA assessment can be requested at PATH at 151 East 151st Street, Bronx, NY 10451.
• For adult families with no children under age 21, a NoVA assessment can be requested at the Adult Family Intake Center (“AFIC”) at 400-430 East 30th Street New York, NY 10016.

NoVA will interview the alleged victim(s) by telephone. The interview may last a long time and involve questions about the relationship between the family members who had a conflict. During this interview, the alleged perpetrator cannot be present, or the interview will immediately end.

At the end of the interview, NoVA will decide whether the alleged victim is eligible for DV shelter and/or cannot safely live in certain zip codes. DV shelters have confidential addresses and offer services to survivors of DV. NoVA will also determine whether the family members who had the conflict can continue living in shelter together.

If family members want to live together again, a NoVA assessment must take place first. Only the alleged victim can request a NoVA assessment. If you did not receive a NoVA interview or missed the appointment, you must request one at PATH or AFIC, and DHS must start the assessment quickly.

Yes, everyone in your family still has a right to shelter, but family members may still have to live separately. If your family consists of two adults only, each adult will need to seek shelter separately in the single adult shelter system and cannot continue to reside together in a family shelter.

• People identifying as men should go 30th Street Men’s Intake at 400 E 30th St, New York, NY 10016.
• People identifying as women should go to Franklin Women’s Intake at 1122 Franklin Ave, Bronx, NY 10456.

If your family includes children under the age of 21, one parent can remain with the children while the other parent will need to seek shelter as a single adult.

If you or your family member disagree with the NoVA assessment, you may request an emergency Fair Hearing. For more information, go to Request Hearing | Fair Hearings | OTDA. Be sure to request an “emergency” Fair Hearing because you are seeking emergency temporary shelter. The hearing should be scheduled within a few days. 

Request the evidence packet prior to the Fair Hearing by emailing NODVFH@dss.nyc.gov. The evidence packet will include reports and descriptions of the alleged DV. Only the alleged victim can request the evidence packet. The alleged victim has the right to review the packet before the Fair Hearing.

At the hearing, you and your family member(s) should honestly answer all questions. If people in your community are willing to write letters of support explaining why you and your partner should live together, you should bring those letters to the Fair Hearing. Letters from professionals or community members will carry more weight than letters from friends and family. Consider asking a religious leader, a doctor or therapist, a social worker, or a social services worker at a community organization to write a letter about why you should live with your partner or other adult family member.

No, you do not need a lawyer for a Fair Hearing, but you have a right to bring a representative. Your Fair Hearing decision may help a lawyer assess your case so write down your Fair Hearing number in case you need legal help in the future. In addition, you should save your evidence packet.

If you are the alleged victim and you have your evidence packet and Fair Hearing decision, you can call Legal Aid so that we may evaluate your case.  Call the Homeless Rights Project helpline at 800-649-9125 Monday – Friday 10 a.m. – 3 p.m. If we think we can help based on the facts of your case, someone from our team will give you a call back. 

You can ask DHS to reconsider your case. You can return to AFIC or PATH to make the request for reconsideration. However, DHS is unlikely to allow you to live with your partner or adult family member(s) if there is an Order of Protection or if the conflict(s) involved physical violence. 

Before you ask DHS to reconsider your case, it can be helpful to show a change in your life or your partner’s life. Proof of attending therapy, anger management, or drug or alcohol rehabilitation may help your case. You can also bring letters of support from individuals such as doctors or therapists, religious leaders, or social workers.  

Every member of your family still has the right to shelter. However, your family may not have the right to live together, so you will have to enter separate shelters. The hearing and reconsideration process will take weeks or months.

You can challenge the decision in court by filing an “Article 78” proceeding in New York Supreme Court. You can speak to the clerk’s office at the court to find out what paperwork you need to file. You can also try and find a private attorney to take your case. However, Article 78 cases can take a long time, and you can only win if the judge believes DHS had no rational basis for making the decision to separate you and your family member(s). Typically, it is very difficult to win an Article 78.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.