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VICTORY: Fair Access to Victim Compensation Goes Into Effect
Across New York State, survivors of violence and families of homicide victims have often faced obstacles to assessing the financial support they need to heal. Fortunately, this is beginning to change after years of advocacy by Common Justice, a Brooklyn-based alternative to incarceration and victim service provider, and partner organizations, including Safe Horizon, Giffords, and Not Another Child. Their efforts led to the passing of the Fair Access to Victim Compensation Act in 2023, and the new victim compensation reforms included in Governor Kathy Hochul’s FY26 State Budget. These changes represent a significant milestone in New York’s approach to survivor justice and underscore the public’s desire to separate healing services from law enforcement.
Understanding Victim Compensation
Victim compensation provides financial support to people who have experienced harm. These funds help cover costs that often appear immediately after a traumatic event, such as medical bills, counseling, lost wages, temporary housing, lock replacement, crime scene clean up, and burial expenses. In New York State, compensation is administered by the Office of Victim Services (OVS) and is meant to help survivors regain stability during one of the hardest moments in their lives.
Many survivors have faced barriers when trying to access compensation. These barriers include fear or distrust of law enforcement, unrealistic reporting deadlines, a complicated application process, and limited awareness that help exists. The Fair Access to Victim Compensation Act removes those barriers and ensures that survivors can pursue safety, healing, and stability.
Fair Access to Victim Compensation Act Changes (Effective December 31, 2025)
Beginning January 1, 2026, survivors have new pathways to access compensation that do not depend solely on interactions with law enforcement.
- Survivors can now work with a state or city contracted victim service provider, licensed medical or mental health professional that supports survivors instead of going to law enforcement to report their harm. This change is important because it allows survivors who cannot or do not feel safe reporting to police due to fear of retaliation, deportation, discrimination, or negative encounters to still access support.
- Survivors now have three years from the date of the incident to file a claim with OVS, an increase from the previous one-year limit. This aligns compensation timelines with real-life healing, recognizing that trauma can affect when someone is ready to seek help.
- OVS will not share personally identifying information with law enforcement when the survivor goes uses a victim service provider. This ensures survivors’ privacy is protected and encourages people to pursue support without fear of exposure.
In 2025, Governor Kathy Hochul and the New York State Legislature approved several important changes to victim compensation, which went into effect on November 5, 2024.
- Families now have access to more support for burial expenses, with the maximum award increasing from $6,000 to $12,0000. This helps families recover from financial burdens at a time of immense grief.
- For families who have lost a loved one to homicide, OVS will no longer look at contributory conduct when deciding eligibility. Contributory conduct is when the state tries to determine whether the survivor’s actions may have played a role in what happened. This change means families will not be asked to defend or explain their loved one’s behavior in order to receive support.
- Reimbursement for people harmed by financial scams has increased from $100 to $2,500. This support is available to eligible survivors, including minors, older adults, and people with disabilities, who often face heightened vulnerability to financial harm.
- Support is now available for anyone who paid to restore the area affected by the harm, as long as they were not the person who caused it.
For more information on victim compensation, click here.
*The Office of Victim Services is the payor of last resort, which means they can only help after other available resources, like insurance or public benefits, have been used. This does not limit support for survivors. It simply reflects how the law is written. OVS steps in once other options cannot cover the cost, so people are not left without help.