New York regulations

9 NYCRR 525.19

Executive Department

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Crimes committed by family members

Crimes committed by family members

Compiled text through Aug 15, 2022

Register checked through Jul 29, 2026

Later Register activity found — review the notice before relying on the compiled text.

Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Aug 15, 2022
Register checked through
July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status
Later Register activity found — review the notice before relying on the compiled text.
Latest notice
OVS-12-26-00003-P · Proposed rule · Mar 25, 2026
Source snapshot
Jun 6, 2026

A victim who is injured as result of a crime committed by a family member will be eligible to receive an award unless the office finds that the person responsible for the crime will derive substantial economic benefit or unjust enrichment. A determination that a family member will derive substantial economic benefit or unjust enrichment will be based upon a consideration of the offender's access to the award, the victim's cooperation with the criminal justice system, and the availability of collateral resources.

(a)Access.

It shall be determined whether the offender will have access to any award to the victim and/or whether a substantial portion of the money will be primarily used by or for the benefit of the offender.

(1)When an award is made directly to a victim it must be determined that the offender will not substantially benefit from such award. Factors to be considered in determining whether substantial benefit will be derived include:
(i)whether a significant portion of the award will pay for the offender's living expenses, or be otherwise used for his or her benefit; and
(ii)the needs of the victim and other family members in comparison to any benefit to be derived by the offender. The fact that the offender may benefit incidentally from such award will not support a determination of substantial economic benefit or unjust enrichment where such award is essential to the well-being of the victim and other innocent and dependent family members, particularly in regard to their living expenses.
(2)The fact that the offender is present in the household will be a factor to be considered but shall not preclude an award.
(3)Whenever possible payments will be made directly to third-party providers.
(b)Cooperation.

The victim must file a police report and be willing to cooperate with the criminal justice system or in a family court proceeding.

(c)Collateral resources.

In domestic violence claims as in any other claim, collateral resources available to the victim, including those from the offender, must be considered and deducted from any award. If, however, the offender fails to meet legal responsibilities to pay restitution or to provide for the medical needs of a family member, or if the offender impedes payment of insurance that may be available to cover a claimant's out-of-pocket losses, the office may make an award to cover such losses. The offender will remain liable for such losses pursuant to the office's subrogation right.

State Register activity

1 rulemaking · 1 notice

  1. Office of Victim Services (OVS) Victim Compensation Program and Victim Assistance Grants.

    OVS-12-26-00003Part-level action

    The Register recorded this action against the whole Part, which includes this section (9 NYCRR Part 525).

    1. Proposed ruleOVS-12-26-00003-P

      Amendment of Parts 525 and 527 of Title 9 NYCRR.

Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

State Register notices matched to this citation. This is Register status evidence, not compiled regulation text: a notice does not by itself amend the text shown here.

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