Not Reporting Man's Income for Snap in New York

In New York, it is common for people to apply for food stamps (SNAP) or Medicaid and not declare the man's income. In many families, the wife/mother is not working and takes care of the household, and the husband/father is working and is providing for the family. In situations like this, the city counts the man's income as household income and may consider it welfare fraud when the man's income is not reported.

Even if the man claims to live somewhere else, this is not something that the city believes. The family can claim that the man lives with his mother or father or sister or brother, etc., or that he's renting a room in someone apartment, or lives in the same house but in a different part of the house or on a different floor, none of that matters to the city.

By the time the mother gets a letter informer her that the city knows about the father's income, they typically already have a copy of an income tax return with the father declaring the children as dependents and listing the woman's address as his address, and they typically have a copy of the man's drivers' license with the same address as the woman listed on the application for SNAP or Medicaid. They also have surveillance footage where the man enters the house in the evening and leaves in the morning.

If you received a letter from the Human Resources Administration Bureau of Fraud Investigation Department of Social Services, it is important to speak to an attorney to understand your options.

When determining SNAP or Medicaid eligibility, the program considers each household member's income and expenses separately. This means that even if one family member is employed and earning a relatively high income, the household may still be eligible for benefits if other members have low or no income.

For example, consider a household consisting of a working parent, a non-working spouse, and two children. While the working parent's income may be above the gross income limit, the household's net income after deductions (such as childcare expenses) could still fall within the eligibility threshold.

It's important to note that the definition of a "household" for SNAP purposes may differ from traditional family structures. Individuals who live together and purchase and prepare meals together are generally considered one household, regardless of their relationship.

Individuals and families have certain rights that must be respected during the food stamp (SNAP) investigation process. These rights are designed to protect applicants and recipients from unfair treatment, ensure privacy, and provide avenues for appeal. This is why it is important to have a qualified attorney advise you in the process.

Why HRA Considers the Father Part of the Household

The Human Resources Administration applies a functional rather than legal definition of "household" for SNAP and Medicaid purposes. HRA looks at where people actually eat and sleep, not at marital status or formal lease arrangements. The question is whether the man is part of the household economic unit, and HRA presumes inclusion when the evidence shows the man:

Spends nights at the residence on a regular basis.
Receives mail at the address.
Uses the address on his driver's license, tax returns, or bank statements.
Pays for household expenses such as utilities, groceries, or childcare.
Claims the children as dependents on his tax return.
Is listed on the lease, deed, or utility bills.
Appears in photographs, social media posts, or video recordings at the address.

Any one of these factors alone may not prove anything, but combined they build a strong case that the man is part of the household.

The Evidence HRA Already Has

By the time HRA's Bureau of Fraud Investigation sends a letter, it has typically gathered substantial evidence through cross-database checks and physical investigation. Common evidence sources include:

Tax records. Cross-matches with the New York State Department of Taxation and Finance and (through data-sharing agreements) the IRS reveal income that should have been reported.
Wage records. Quarterly wage reports filed by employers with the Department of Labor show every job and every paycheck.
DMV records. The address on a driver's license is one of the most commonly cited pieces of evidence.
Utility records. Names on utility accounts show who has the financial responsibility for the household.
USPS mail-forwarding records and credit reports. Both can show where a person actually receives mail.
Bank records. Subpoenaed or volunteered statements may show transfers between household members or expenses paid for the household.
Field surveillance. Investigators may stake out the residence to observe who enters and leaves and at what hours.
Social media. Public posts, photos, and check-ins are increasingly used to establish that household members live together.
Neighbor and informant tips. Anonymous calls to the fraud hotline are a routine source of investigation leads.

What "Declaring" the Man Would Have Required

Under SNAP and Medicaid rules, an applicant must report household composition and income at initial application and again at each recertification. Changes in household composition or income during the certification period must be reported within a defined time, typically 10 days for SNAP. Failure to report timely can be classified as either an "inadvertent household error" (no fraud finding, but overpayment owed) or an "intentional program violation" (IPV) with disqualification and possible criminal referral.

Common Defenses

Cases involving an unreported male partner have a range of available defenses depending on the facts:

The man genuinely did not live in the household. Where the evidence truly does not support household inclusion — for example, where the man maintained a separate residence with his own lease, utility bills, and tax filings — the case can be defended on the merits.
The man's income would not have changed eligibility. Some households remain eligible even with the man's income included, particularly if the income is below the relevant threshold for the household size.
The reporting requirements were not clear. Where the applicant did not understand the obligation to report, the case may be classified as inadvertent rather than intentional.
The agency relied on improperly obtained evidence. Where the investigation involved Fourth Amendment violations or other legal defects, evidence may be challenged.
Statute of limitations. Older overpayment claims may be barred by the statute of limitations.
Calculation errors. HRA's overpayment calculations frequently include errors that, once corrected, substantially reduce the amount in dispute.

Possible Outcomes

Cases involving unreported male partners can resolve in a range of ways:

No finding. The investigation closes without action when the evidence does not support a violation.
Inadvertent household error. Overpayment is repaid but no disqualification is imposed.
Intentional program violation with consent agreement. The applicant agrees to repay the overpayment and accept a disqualification period (typically 12 months for the first offense), avoiding a hearing and criminal referral.
Administrative disqualification hearing. A formal hearing is held before an HRA hearing officer, at which the agency must prove the alleged fraud by clear and convincing evidence.
Criminal referral. The case is forwarded to the District Attorney for prosecution under New York Penal Law Article 158 (welfare fraud) or Article 155 (larceny).

Repayment Plans

If an overpayment is established, HRA offers repayment plans that allow the amount to be paid back over time, sometimes by reducing future benefits, sometimes through monthly installments. We negotiate the terms of repayment plans to fit the household's actual ability to pay. Aggressive negotiation can often reduce the headline overpayment amount and stretch the payment period to a more manageable timeline.

Criminal Consequences

Welfare fraud convictions in New York can include misdemeanor and felony charges depending on the dollar amount involved. Convictions can result in jail or prison time, probation, restitution, fines, and a permanent criminal record. Collateral consequences include immigration consequences for non-citizens, public housing eligibility issues, federal student aid problems, and barriers to employment in many fields. Avoiding a criminal referral is usually the most important goal of the defense.

The Importance of Early Legal Help

The moment you receive an investigator's letter is the most important moment in the case. The actions you take in the first few days — what you say to the investigator, what documents you produce, whether you sign anything HRA puts in front of you — can determine the outcome. We help clients respond carefully and avoid the missteps that escalate cases unnecessarily.

What Not to Do

Do not call the investigator to "explain" without legal counsel. Anything you say can and will be used against you.
Do not produce documents the investigator requests without legal review of the request.
Do not sign any acknowledgment, statement, repayment agreement, or consent to disqualification without first having an attorney review it.
Do not destroy any documents, delete any text messages or emails, or alter any records. That can be charged as obstruction.
Do not discuss the investigation with anyone other than your attorney.

Call Our Office

If you have concerns or need further assistance, the Law Offices of Albert Goodwin can provide you with personalized guidance. We are located in Midtown Manhattan in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].