Project FAIR

What Is A Fair Hearing?

A fair hearing is a way for individuals to challenge decisions made by the City about public assistance, food stamps, Medicaid, and emergency shelter. Every day, the New York State Office of Temporary and Disability Assistance (OTDA) conducts hundreds of fair hearings at 14 Boerum Place in downtown Brooklyn and 330 West 34th Street in midtown Manhattan.

How Do I Request a Fair Hearing?

Click here for information on requesting a fair hearing.

What Happens at a Fair Hearing?

Who - The person who has requested the fair hearing is called the fair hearing “appellant.” A representative from the City (usually from the Human Resources Administration or the Department of Homeless Services), also appears at the fair hearing. The two sides, the appellant and the City, are called “parties.” Sometimes, the parties also bring witnesses. The person conducting the fair hearing and making a decision is an Administrative Law Judge (ALJ). The ALJ works for the New York State Office of Temporary and Disability Assistance (OTDA), not for the City.

What - Fair hearings are not conducted in a courtroom – they are in a small hearing room and the parties sit around a table. The ALJ runs the hearing, and begins by explaining how the hearing will be conducted, asking questions, and figuring out what issues are to be discussed at the fair hearing. The ALJ records the fair hearing through a telephone. The City and the appellant both have an opportunity to present their side of each issue. See below for further information about your rights at a fair hearing.

Where - Fair hearings are held at 14 Boerum Place in downtown Brooklyn or, for some Medicaid hearings, at 330 West 34th Street in Manhattan. If you are going to a fair hearing at 14 Boerum Place, you must first go through a metal detector and security on the first floor.

When - Request a fair hearing as soon as you get a notice you disagree with, or as soon as your benefits or services change without notice. You must request a fair hearing within 60 days of the date of a notice about public assistance or Medicaid, or within 90 days of the date of a notice about food stamps. If you get a notice, it is important to read it carefully, since sometimes you have to request a fair hearing even more quickly. The notice should also tell you how and where to request a fair hearing.

In emergency situations, like if you are denied emergency assistance or emergency shelter, you can request a faster fair hearing. In these situations, call (212) 417-3614 or go in person to request the fair hearing. If you are homebound and cannot go in person to a fair hearing, you can send a representative or ask for a “home” fair hearing, which sometimes might take many months to be scheduled.

After you request a fair hearing, OTDA will send you a notice telling you that they received your request and will also send a scheduling notice. Often it can take at least 2-3 weeks to have your fair hearing scheduled. It will be another few weeks after your fair hearing is held before you get a written decision in the mail.

Why - There are many reasons to ask for a fair hearing. Usually, people ask for fair hearings because they disagree with decisions that the Human Resources Administration or the Department of Homeless Services are making about their public assistance, food stamps, Medicaid, or emergency shelter. Or, they have requested something from one of these agencies and the agency has failed to act on the request. Some examples of reasons to request a fair hearing:

You have applied for benefits or services like public assistance, food stamps, Medicaid, or Medicaid home care, but your application has been denied or has not been acted upon;
You have had a benefit or service discontinued or reduced;
You have been sanctioned because the agency believes you are not cooperating with a work or eligibility requirement;
You have applied for benefits or services like public assistance, food stamps, Medicaid, or Medicaid home care, but your application has been denied or has not been acted upon;
You have had a benefit or service discontinued or reduced;
You have been sanctioned because the agency believes you are not cooperating with a work or eligibility requirement;
You believe you are receiving the wrong amount of public assistance or food stamps;
You have been found to be “employable” but you disagree;
Your request to be excused from a requirement because of medical reasons or domestic violence has been denied or has not been acted upon;
You have been given a workfare assignment that is dangerous to your health or safety;
You have stopped receiving or have been denied payments that you are eligible for, such as child care payments, storage fees, work-related transportation expenses, a pregnancy allowance, or a homeless restaurant allowance
You have been denied emergency shelter
You have not been able to add a family member to your budget
Your request for emergency assistance like a payment to prevent an electricity or gas shutoff or to prevent eviction has been denied or has not been acted upon
You have not received foster care payments

If you are receiving a benefit or service, it cannot be reduced or discontinued without notice. Also, if you request a fair hearing in enough time (typically within 10 days), you may have a right to receive “AID CONTINUING,” which means that your benefits will not be reduced or discontinued while you wait for your fair hearing and fair hearing decision.

How - Click here for more information about how to request a fair hearing. In your fair hearing request, be sure to list ever issue you want to raise at your fair hearing. An ALJ typically will only allow you to talk about issues that have been listed in your fair hearing request. In your fair hearing request, you may also ask for an interpreter or note any scheduling problems.

What Are My Fair Hearing Rights?

If you apply for a benefit or service and are denied, you have the right to receive a written notice that explains why you have been denied, the specific reasons for the denial, how you can challenge the denial, and which laws are the basis for the denial.

If the City wants to make a change to a benefit or service you are already receiving, you have the right to receive a notice before that change is made, explaining the reason for the change, how you can challenge the change, and which laws are the basis for that change.

If your benefits or services have been changed, the City must provide copies of the notices explaining that change at your fair hearing.

You have the right to ask for a fair hearing if you do not receive the written notice you are entitled to.

You have the right to receive copies of the City’s evidence packet and to examine your case record before a fair hearing.

At your fair hearing, the party who wants to make the change has the responsibility to prove why that change should happen. For example, if the City wants to stop your benefits, they must explain why it is appropriate to do so

At a fair hearing, you have the right to testify (tell the ALJ your story)

At a fair hearing, you have the right to bring witnesses who can support your story

At a fair hearing, you have the right to ask questions of the City and of witnesses

At a fair hearing, you have the right to be represented or represent yourself

At a fair hearing, you have the right to review any evidence that the City gives the ALJ and to ask for copies of that evidence

At a fair hearing, you have the right to object to improper procedures

At a fair hearing, you have the right to have the ALJ make decisions based solely on the evidence that is given at the fair hearing

How Do I Get Ready For My Fair Hearing?

Get Evidence

Evidence is information (documents and what someone says) that supports your story, or the City’s story. An “evidence packet” has the documents the City will give to the Judge at your fair hearing, including printouts from your case record. You can ask the City to send you a free copy of the evidence packet and other documents from your case record to help you get ready for your fair hearing.

The evidence packet can help explain what action the City is or is not taking. If the City is trying to discontinue or reduce your benefits, the City should have sent you a notice telling you why and when your benefits will change. That notice must be in your evidence packet. If it is not in your packet, tell the ALJ at your fair hearing.

How Do I Ask for an Evidence Packet?

You can fax, mail, or call the City to ask for an evidence packet. Click here for a sample evidence packet request. On your form or letter, check off or write in what other documents would help you get ready for your fair hearing. Keep copies of your request and try to send your request at least 7 business days before your fair hearing.

Where Do I Send My Request for the Evidence Packet?

Check all the pages of the notice the City sent you - the notice that you are challenging at your fair hearing. One of the last pages will tell you where to contact to get “Access to Your Files” or “Copies of Your Documents.” Look carefully - it is important to send it to the right place. It always goes to the City; it never goes to the State. It might not go to your Center. If you did not get a notice, see the sample evidence packet request for how to fax, write, or call the HRA Fair Hearings Office.

What Happens If I Don't Get My Evidence Packet?

If the City does not give you the evidence packet or other documents you ask for to help you prepare for your hearing, in some cases you may win your fair hearing. The City should send you the evidence packet within 5 days or, if you ask for it less than 7 business days before the hearing, the City still must bring the packet to your fair hearing. If you don’t get the evidence packet, you can tell the ALJ at your fair hearing. It helps if you fax or mail your request, so that you can show proof that you asked for the evidence packet, like a copy of your request or a fax confirmation sheet.

Get Organized

Your fair hearing is your change to tell a Judge your story through your "testimony", by presenting witnesses, or by giving your own written evidence to the Judge. However, fair hearings can often be very short, so it is helpful to get your evidence together and prepare before the fair hearing. It helps to give the ALJ things in writing, like doctors’ letters or a letter from your landlord. Click here for a list of types of evidence that can help with common fair hearing issues.

Remember

Write down dates and the names of people you spoke to about your problem. Keep copies of the papers you have. Before your fair hearing, plan what you are going to tell or give the ALJ. If you need an interpreter, ask for one when you request your fair hearing. Tell your story clearly, and don’t let anyone rush you.

What If I Win My Fair Hearing?

If you win your fair hearing, it still may take some time for the City to restore your benefits or services. If nothing is happening, or you disagree with the action the City decides to take after your fair hearing, you can bring a copy of your decision to your Center and ask to speak with someone in the "Fair Hearings and Conferences" unit there. If you have questions or complaints about your fair hearing, you can also contact the State Office of Administrative Hearings, Compliance Unit.

Contact information for this unit can be found here, or on the first page of your fair hearing decision.

If more than 90 days has passed from the date of your fair hearing request, and more than 30 days has passed since the date of your decision, and the City has not acted on your fair hearing decision, you may want to contact your local legal services office for further assistance. Please see "Legal Help" for more information.

What If I Lose My Fair Hearing?

If you lose your fair hearing and disagree with the decision, you may try to appeal or reopen your fair hearing decision.

You may file an appeal with a lawsuit called an "Article 78" within four months of your fair hearing decision date. This type of lawsuit would need to be filed in the Supreme Court for the borough in which you live.

A "reopening" is less formal and involves contacting the State OTDA directly, usually in situations where you have new evidence to give about your fair hearing issue.

If you lost your fair hearing and need help, please see "Legal Help" for how to contact your local legal services office.