How to Request a Fair Hearing in NYC When HRA Denies You
Quick answerIn New York City, as of October 2026, you challenge an HRA decision on FHEPS, Cash Assistance, SNAP or a One-Shot Deal by asking New York State OTDA for a fair hearing: online, by phone at 1-800-342-3334, by fax or mail, or in person at 5 Beaver Street in Manhattan. You have 60 days from the notice (90 for SNAP). CityFHEPS is different: it has its own City review with its own 60-day and 10-day clocks.
Last checked: October 4, 2026, against OTDA's Request a Fair Hearing and Fair Hearings FAQ pages, state regulation 18 NYCRR Part 358 (Cornell LII copy), and City rule 68 RCNY 10-13 (last amended November 28, 2021). OTDA's site refuses direct connections from VoucherMatch's checker, so it was read through a text proxy on October 4, 2026 and the FAQ was compared with the Internet Archive copy of February 17, 2026.
- 60 daysto request a State fair hearing on FHEPS or Cash Assistance
- 90 daysto request one on SNAP
- Effective dateask before it to keep State benefits running
- 60 daysto request a CityFHEPS conference or City hearing
- 10 daysfrom mailing, to keep CityFHEPS payments going
- 1-800-342-3334OTDA's fair hearing request line
This article is general information, not legal advice. The dates and instructions printed on your own notice control.
Which Appeal Fits Your Notice
The program named on your notice decides where the appeal goes, and the three routes have different deadlines.
| Program on the notice | Who reviews it | Deadline to ask | To keep payments during the appeal |
|---|---|---|---|
| FHEPS, Cash Assistance, One-Shot Deal (emergency assistance) | NYS OTDA fair hearing | 60 days from the notice | Ask before the effective date on the notice |
| SNAP | NYS OTDA fair hearing | 90 days from the notice | Ask before the effective date on the notice |
| CityFHEPS | NYC DSS/HRA: agency review conference, DSS administrative hearing, or both | 60 days after the decision | Ask within 10 days of the notice's mailing, and only for a computation or fact dispute |
| Section 8 (NYCHA, HPD, HCR) | The housing agency's own hearing | Set by each agency's notice | See the sister article |
What it means: a CityFHEPS notice and a FHEPS notice look alike, yet a request sent to the wrong office does not stop the right clock.
Source: 18 NYCRR 358-3.5 and 358-3.6; 68 RCNY 10-13.
Watch outHRA's FHEPS page and client fact sheet do not describe the appeal. FHEPS is a State-approved shelter supplement paid on a Cash Assistance case (18 NYCRR 352.3), which is why its decisions carry State fair hearing rights. Read your notice to confirm.
Section 8 terminations never go to OTDA. The guide on how to appeal a Section 8 termination covers NYCHA, HPD and HCR. For HASA, HRA's pages do not describe the appeal route, so follow the notice.
What a Fair Hearing Is
A fair hearing is a review of HRA's decision by an Administrative Law Judge from the Office of Administrative Hearings (OAH) at OTDA, a State agency separate from HRA. OTDA then issues a written decision that "may order the local agency to correct your case" (OTDA overview, archived February 16, 2026).
- Denied. your application was denied, or HRA has not decided it in time (OTDA's FAQ says more than 30 days for Public Assistance, 45 for some adults)
- Cut or stopped. your benefits were reduced, suspended or discontinued
- Too low. you think the amount is wrong
- No notice at all. your help was stopped or cut without a notice
What it means: you do not need a denial letter in hand to ask.
Source: 18 NYCRR 358-3.1 and OTDA's Fair Hearings FAQ.
No fee appears anywhere in OTDA's rules. An interpreter is provided at no charge, and on request you can be repaid for transportation, child care and other necessary costs of attending (358-3.4).
Ask Before the Effective Date to Keep Your Benefits
To keep State benefits unchanged while you wait, called "aid continuing", request the hearing before the effective date printed on the notice. A timely notice is one mailed at least 10 days before that date (358-2.23), which is where the common "10 days" advice comes from. The effective date is the one that counts.
- When you get ityou ask before the effective date. If HRA was not required to warn you in advance, you ask within 10 days of the notice's mailing.
- Who decidesOAH, which mails you form OAH-4420 saying whether your benefits will continue. If they were already cut, HRA must restore them within five business days of OAH's order.
- When you do notthe only dispute is about law or policy, you waive it in writing, or you miss the hearing without a good reason.
- The cost of losingOTDA says you "will have to pay back any Public Assistance and/or SNAP you got while you were waiting". You may tell OAH you do not want aid continuing.
What it means: aid continuing protects benefits you already receive. It does not start payments on a denied application.
Source: 18 NYCRR 358-3.6, 358-4.2 and OTDA's FAQ.
ExampleA notice dated Tuesday, October 6, 2026 says your FHEPS supplement stops October 16. Ask by October 15 and you can keep it during the appeal. Day 60 is Saturday, December 5, so a request postmarked or received Monday, December 7 is still on time under 358-3.5. These dates are an illustration.
How to Request the Hearing
OTDA takes State fair hearing requests five ways, and every one goes to OTDA, not to HRA.
- Onlinethe Fair Hearing Online Request Form, offered in 13 languages.
- Phone1-800-342-3334, statewide and toll-free. In an emergency in NYC, 1-800-205-0110; OTDA says that line takes emergencies only.
- Faxthe printable request form to 518-473-6735.
- Mailthe same form to NYS OTDA, Office of Administrative Hearings, P.O. Box 1930, Albany, NY 12201-1930.
- In personOTDA Office of Administrative Hearings, 5 Beaver Street, New York, NY 10004. OTDA does not post walk-in hours on its request page.
What it means: the online form and the fax give you a dated record, which matters when the effective date is days away.
Source: OTDA, Request a Fair Hearing, read October 4, 2026.
- Ask for aid continuing. say so on the form or the call.
- State any emergency. an eviction notice, loss of shelter, a utility shutoff, a denied emergency grant, or a security deposit or first month's rent needed to secure housing gets priority scheduling (358-3.2). That covers a denied One-Shot Deal.
- Use the Manhattan address. OAH's city office moved from 14 Boerum Place in Brooklyn to 5 Beaver Street on June 3, 2024 (OAH Transmittal 24-02, archived). Older guides still list Brooklyn.
- Watch the mail. OAH confirms every request with form OAH-4420.
You can also ask HRA for an agency conference, before a hearing or without one. HRA's representative must have authority to withdraw the action, and a conference cannot be used to block your hearing (358-3.8, 358-4.2). HRA publishes no page on how to book one, so use the instructions on your notice. For case questions, the DSS OneNumber is 718-557-1399.
CityFHEPS Has Its Own City Review
A CityFHEPS decision is reviewed by NYC DSS, the agency that includes HRA, under City rule 68 RCNY 10-13. OTDA does not hear it. This applies to a denial, a reduced amount, a renewal problem, stopped payments, or HRA failing to act.
- 1Agency review conference (optional)Ask within 60 days of the decision. HRA informally reviews the issue and tries to resolve it. Asking does not give up your hearing.
- 2DSS administrative hearingAsk in writing within 60 days of the decision, or within 60 days after the conference date if you had one. The request goes by mail, electronic means or fax, or as your appeals notice says.
- 3Hearing noticeDSS must tell you the date, time and place at least seven calendar days ahead. You can see your case file and get HRA's documents free.
- 4HearingAn impartial hearing officer appointed by DSS hears it. You may bring a lawyer or other representative, witnesses and documents. It is recorded.
- 5Appeal to the CommissionerIn writing, received no later than 15 business days after DSS sends the hearing decision.
- 6CourtThe Commissioner's decision comes with notice of your right to judicial review.
What it means: the hearing request must be in writing, so a phone call to HRA does not protect your deadline.
Source: 68 RCNY 10-13, read October 4, 2026.
- 10 days. request the administrative appeal within 10 days of the mailing of the notice
- The right kind of dispute. the appeal claims an incorrect computation or an incorrect factual determination
- No coverage. the only issue is law or policy
- How it ends early. a written waiver, or missing the hearing without good cause
- Through the second appeal. payments continue until the Commissioner's written decision
What it means: this window is shorter and narrower than the State one, because it counts from mailing and has no "effective date" rule.
Source: 68 RCNY 10-13(e).
HRA's CityFHEPS pages and FAQs do not publish a form, address or email for these requests; the rule leaves that to the appeals notice. VoucherMatch could not verify whether a conference request alone preserves continued payments, or whether payments made during a lost appeal must be repaid. If you miss a CityFHEPS hearing, DSS restores it only if you give a good cause reason within 15 calendar days.
Preparing Your Evidence
Build your evidence around the reason HRA printed on the notice, and get it to OAH at least two business days before a State hearing.
- OTDA's own list. the scheduling notice, paystubs, bills, doctor's statements, rent receipts, photo ID, and any witnesses
- The notice you are appealing. with its date and stated reason
- Proof of what you submitted. ACCESS HRA confirmations, fax or mail receipts, emails from your caseworker
- Housing papers. lease, rent ledger, landlord letters, any court papers
- A one-page timeline. what you applied for, what HRA said, and what happened on which date
What it means: when HRA says you did not submit something, a dated receipt is the evidence that answers it.
Source: OTDA's FAQ for the first item; the other four are VoucherMatch's suggestions.
- Send yours to OAHupload at upload.ny.gov, fax 518-473-6735, or mail to Office of Administrative Hearings, 40 N. Pearl St, Fl 15B, Albany, NY 12243. Put the fair hearing number on everything.
- Get HRA'syou may examine your case record and receive, free, the documents HRA will use and any others you ask for. Ask by phone or in writing. Asked less than five business days ahead, HRA may hand them over at the hearing.
What it means: seeing HRA's packet first tells you which fact to answer.
Source: OTDA FAQ and 18 NYCRR 358-3.7.
What Happens at the Hearing
The judge hears HRA's representative explain the decision, then hears you; you can question HRA, present documents and bring witnesses, and the hearing is recorded.
- Before the effective datethe request that keeps benefits running
- Day 60 (day 90 for SNAP)last day to request
- About three to four weeks after you askwhen OTDA says most hearings are scheduled; emergencies sooner
- At least 10 calendar days before the hearingOAH mails the scheduling notice, form OAH-457
- Two business days beforeyour evidence should reach OAH
- Within 90 days of your requestfinal action must be taken on the decision, longer if you postponed
- Four months after the decisiondeadline to start an Article 78 court case
What it means: the 90 days is the rule; OTDA does not publish how long decisions actually take.
Source: 18 NYCRR 358-3.5, 358-5.1, 358-6.4 and OTDA's FAQ.
| Topic | The rule |
|---|---|
| Phone or in person | Box F of the OAH-457 says whether you call in or the judge calls you. OTDA does not publish what share of hearings are by phone. |
| Calling in | (518) 560-4126 or (844) 337-9205, from 10 minutes before to 30 minutes after the scheduled time |
| Judge calls you | Two calls at least five minutes apart; missing both can end the case |
| Who must prove it | HRA, when it cut or stopped benefits. You, when an application was denied. |
| Representative | A lawyer, relative or friend. A non-lawyer needs your written authorization. |
| Postponing | Allowed for good cause; aid continuing carries on |
| Missing it | The request is abandoned unless you give OAH a good reason. It can be reopened within one year, and aid continuing is restored retroactively only if you ask within 60 days. |
What it means: give OAH your current phone number, because updating it with HRA does not update OAH.
Source: OTDA, Phone Hearings; 18 NYCRR 358-5.3, 358-5.5 and 358-5.9.
After the Decision
OTDA mails a written decision, and it is final and binding on HRA (358-6.1).
- You won and HRA has not actedfile a compliance complaint with OTDA online, by phone at 1-877-209-1134, by fax to 518-473-6735 using form OAH-4482, or in person at 5 Beaver Street.
- You lostyou may bring an Article 78 lawsuit in State court within four months of the decision date. Expect to repay Public Assistance or SNAP received as aid continuing.
What it means: winning is not the last step until the payment reaches you or your landlord.
Source: OTDA, Request Compliance with a Fair Hearing Decision and FAQ.
Free Legal Help
OTDA says you "may be able to get" a lawyer at no cost through Legal Aid, a Legal Services office or a bar association; it is not guaranteed.
- The Legal Aid Society, Access to Benefits helpline: 888-663-6880, Monday to Friday, 10 a.m. to 3 p.m., for HRA benefits cases including fair hearings (Legal Aid, updated November 24, 2025). Main line: 212-577-3300.
- Legal Services NYC: 917-661-4500 (Get Help).
Whether either takes CityFHEPS administrative hearings was not confirmed, so ask when you call.
Frequently Asked Questions
Who runs the fair hearing, HRA or the state?
It depends on the program.
- FHEPS, Cash Assistance, SNAP, emergency grants: the State, through OTDA's Office of Administrative Hearings
- CityFHEPS: the City, through NYC DSS's own conference and administrative hearing
Will my benefits keep coming while I wait for the hearing?
Usually, if you ask in time and the benefit was already being paid.
- State programs: before the effective date on the notice
- CityFHEPS: within 10 days of the notice's mailing, for a computation or fact dispute
Can I get a lawyer for free?
Possibly. You can also represent yourself or bring a relative or friend.
- The Legal Aid Society benefits helpline: 888-663-6880
- Legal Services NYC: 917-661-4500
What if I'm on NYCHA Section 8, not CityFHEPS?
Then OTDA is the wrong place. NYCHA, HPD and HCR each run their own hearings with their own deadlines; see how to appeal a Section 8 termination.
How long does a fair hearing take?
- To the hearing: about three to four weeks after the request in most cases, per OTDA
- To final action: within 90 days of the request under State rules
- CityFHEPS: the City rule sets no time limit for a decision
What if I already missed the 60 days?
Ask anyway. The regulation sets 60 days, and Legal Aid advises making the request even if you think you are late.
- Weekend or holiday: if day 60 falls on one, the next day still counts
- No notice sent: OTDA says you can still ask for a hearing
Your next step today: find the program name, the notice date and the effective date on your notice, then send the request that matches the table at the top. If the problem is a FHEPS or CityFHEPS amount, the FHEPS vs CityFHEPS comparison shows which program you are in.
Sources for this article (30)
- Request a Fair Hearing (otda.ny.gov)
- Fair Hearings FAQ (otda.ny.gov)
- 18 NYCRR Part 358 (law.cornell.edu)
- 68 RCNY 10-13 (codelibrary.amlegal.com)
- Internet Archive copy of February 17, 2026 (web.archive.org)
- 358-3.6 (law.cornell.edu)
- 18 NYCRR 352.3 (law.cornell.edu)
- OTDA overview, archived February 16, 2026 (web.archive.org)
- 18 NYCRR 358-3.1 (law.cornell.edu)
- 358-3.4 (law.cornell.edu)
- 358-2.23 (law.cornell.edu)
- 358-4.2 (law.cornell.edu)
- Fair Hearing Online Request Form (errswebnet.otda.ny.gov)
- printable request form (otda.ny.gov)
- 358-3.2 (law.cornell.edu)
- OAH Transmittal 24-02, archived (web.archive.org)
- 358-3.8 (law.cornell.edu)
- upload.ny.gov (upload.ny.gov)
- 18 NYCRR 358-3.7 (law.cornell.edu)
- 358-5.1 (law.cornell.edu)
- 358-6.4 (law.cornell.edu)
- Phone Hearings (otda.ny.gov)
- 18 NYCRR 358-5.3 (law.cornell.edu)
- 358-5.5 (law.cornell.edu)
- 358-5.9 (law.cornell.edu)
- 358-6.1 (law.cornell.edu)
- online (errswebnet.otda.ny.gov)
- Request Compliance with a Fair Hearing Decision (otda.ny.gov)
- Legal Aid (legalaidnyc.org)
- Get Help (legalservicesnyc.org)
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