Address Confidentiality Program - Frequently Asked Questions



FAQs

GETTING STARTED – THE BASICS

What is the Address Confidentiality Program (ACP)?

The ACP is a program designed to offer victims of domestic violence, victims of stalking, victims of sexual assault, victims of human trafficking and reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers a way to shield their actual address and to prevent someone from locating them through public records. It is part of an overall safety plan.

What does the ACP do?

1.Provides a legal substitute address for ACP participants to use as their residential, work, or school address. All local and state government agencies are required to accept this address.

2.Receives the participant’s first class, certified, and registered mail and forwards it to the participant’s actual confidential address free to the ACP participant.

3.Accepts process (legal notices) on behalf of the participants and forwards it to their confidential address.

Who is eligible for the ACP?

Victims of domestic violence, victims of stalking, victims of sexual assault, victims of human trafficking and their immediate family members who are in fear for their safety and have moved to an undisclosed location. Reproductive health care services providers, employees, volunteers, patients, or their immediate family members are also eligible. A parent or legal guardian acting on behalf of a minor, or a legal guardian acting on behalf of an incapacitated person, may apply.

 

Access 24/7 Support and Resources

New York State Domestic and Sexual Violence Hotline

Call: 800-942-6906

Text: 844-997-2121

Chat: opdv.ny.gov/survivors-victims

Not Seeing the Resources You’re Looking For?

For Information on:

Orders of Protection

Creating a Safety Plan

Rights for Victims and Survivors of Domestic Violence and Other Forms of Gender-Based Violence.

Please visit the New York State Office for the Prevention of Domestic Violence: https://opdv.ny.gov/Survivors-Victims

Legal Advice: The Address Confidentiality Program is not able to provide legal advice. Please contact the New York State Domestic and Sexual Violence Hotline (Call 800-942-6906 or Text 844-997-2121) to be connected with local organizations that can provide legal assistance

to you or your family, or visit their website at: opdv.ny.gov

 

How do I apply for the ACP?

All potential participants may apply for the program multiple ways:

•Using the application portal at: dos.ny.gov/ACP

•Downloading the application from the ACP website and returning it via email, mail, or fax.

•With the help of an Application Assistance Provider (AAP). A list of these entities is available on our website.

Who is required to accept the substitute address?

All State and local agencies must accept the ACP substitute address as the participant’s actual residence address. The participant may also use the substitute address for all personal first-class mail. The fewer people that know where the victim actually lives, the more effective ACP will be.

Where is the substitute address?

The substitute address is a Post Office box located in Albany, New York and is only for the receipt of mail. The substitute address for program participants has no relation to their actual address.

Will my mail be delayed?

Mail received at the designated address will be forwarded on a same-day basis, via first-class mail, to the mailing address provided by the participant Monday through Friday (excluding holidays). Participants should expect a delay of a few days in receiving their mail.

 

Will my actual address be secure?

A program participant’s records are maintained as confidential and cannot be released by the ACP manager unless directed by a court of law or requested by a law enforcement agency for a legitimate law enforcement purpose.

What kind of mail is forwarded?

All first class, registered, and certified mail addressed to the ACP participant’s substitute address will be forwarded to the confidential address at no cost to the participant. ACP will not forward packages, periodicals, and catalogs, unless clearly identifiable as pharmaceuticals (prescription drugs) or indicate they were sent by a government agency.

Can other household members participate in the ACP?

Yes. Household members who reside with the primary applicant may be included in the program. This includes the victim’s minor children and other adults. An adult over the age of 18 years that is included on the primary application will need to authorize, agree and sign the application along with the primary applicant.

 

Is the ACP a Witness Protection Program?

No. This is a common misconception. The program does not hide participants or help them “go underground”, change their identities, social security numbers, or location.

Similarly, we are unable to remove any instances where your address is listed in electronic or physical public records.

What is an Application Assistant Provider (AAP)?

The registered ACP Application Assistant Provider provides counseling, referral or other services to victims of domestic violence, victims of stalking, victims of sexual assault, victims of human trafficking and reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers. All Application Assistants receive required ACP training and go through a registration process. The Application Assistant provides information to the applicant, assists in determining program eligibility, and recommends eligible individuals to the Address Confidentiality Program.

AFTER ENROLLMENT

What happens after a person is accepted into the ACP?

Once accepted into the ACP, participants will receive a letter from the program along with their ACP Authorization Card. The participants may then begin using the substitute address. Bring your ACP ID card with you when applying for services or seeking assistance to identify yourself as in the program.

What happens if I move or change my name? Do I notify the USPS?

The ACP Office must be notified within 14 days of a change in residential address or name. Refer to the “Change or Withdrawal Notice” form online. The ACP Office is happy to mail, email, or fax any relevant form to participants. Failure to notify the ACP Office may result in cancellation from the program.

Can I give my confidential residence address out to anyone?

You will have to decide when and to whom you will give your confidential address. The fewer people who know your actual location, the more likely your information will remain confidential. It is advisable not to give your actual residence address to anyone unless it is absolutely necessary. If a residential address is required by a utility company, you may ask that they place a password on your account for safety purposes.

Note: Please do not file a change of address using the P.O. Box at the Post Office. This will create a never-ending loop of mail forwarding back to us.

What do I do if someone refuses to use the substitute address?

Please ask the individual or organization to contact the Address Confidentiality Program (ACP) at (518) 474-7306 or toll free (855) 350-4595 for more information about the program. Participants are instructed not to provide their confidential physical address and at all times are encouraged to contact ACP if there are any problems or misunderstandings concerning the program. Please note that the ACP Office is unable to conduct investigations into alleged misuse of the program by agencies.

Is my participation in the ACP Confidential?

The fact that a person is participating in the ACP is not confidential. If asked and the appropriate form is completed, the ACP will verify program participation, and that the ACP substitute address is the legal mailing address of the participant. The actual address of the participant remains confidential. Should a Law Enforcement agency fill out an appropriate request or the ACP Office receive a court order, the ACP Office would provide the physical address of a participant. Participants receive notice when/if this happens.

How long does my membership last?

Membership lasts 4 years from the date of acceptance.

Participants then must renew their membership to stay in the program.

 

Can I be cancelled from the program?

Yes. Staff will assist in completing the necessary steps to be withdrawn from the program. ACP may also cancel a participant’s certification if:

•           the participant’s mail is returned as “non-deliverable”.

•           ACP is not notified of a change of address, phone number, or name within the allowable time frame.

•           a participant knowingly provided false information on the application.

I no longer need the program, what do I do next?

ACP participants are welcome to withdraw from the Program at any time. Please complete the “Change/ Withdrawal Notice Form” and submit it to our office. Any mail we receive for you will be returned to sender. Please stop using the ACP ID number at this time and instruct all relevant agencies or organizations of your new preferred mailing address.

FAMILY COURT

Can I use ACP in Family Court?

Any person in Family Court can ask to keep their address confidential from the other person. This means that your address is kept secret and not given to the other person. This is important because all court papers have your address on it and the other person gets a copy of the court papers.

There are procedures to help you keep your address confidential: You must get an Address Confidentiality Order or be an approved participant in the NYS Address Confidentiality Program for your address to be kept confidential.

For an Address Confidentiality Order: tell the Family Court clerk that you would like to keep your address confidential and you are in the NYS Address Confidentiality Program.

The clerk may give you an “Address Confidentiality Affidavit” that must be filled in and signed. There is a marker on this affidavit to check if you are an ACP participant. If the Court gives you an Address Confidentiality Order, then your address will not be printed on any court papers.

If you get an Address Confidentiality Order or are a participant in the NYS Address Confidentiality Program then your address will be listed as “Confidential” in the court file and on all Family Court papers and any papers sent to the other person.

If you have an Address Confidentiality Order, the court papers will be sent to your “designated agent for service.” This person can be a lawyer, any person over 18 years of age, or the Clerk of the Family Court. The agent is responsible for getting the papers to you.

If you are participating in the NYS Address Confidentiality Program, the court papers will be sent to the Secretary of State in Albany and it will be forwarded by certified mail to you.

OTHER CIRCUMSTANCES: VOTING, UTILITIES, AND BANKING

 

How do participants register to vote?

Participants can fill out a New York State Statement of Confidential Voter, available online at: elections.ny.gov/Confidential-Registration and then contact their local County Board of Elections for next steps.

The New York State Board of Elections is also available directly for more information on voting without disclosing their actual address.

 

NYS BOARD OF ELECTIONS

40 NORTH PEARL STREET, SUITE 5

ALBANY, NY 12207-2729

(518) 474-6220

elections.ny.gov

How can a participant keep their address confidential with the utility companies and other agencies that require a physical address?

The ACP law requires state and local government to accept the use of the substitute address for any public record that is created or updated on behalf of a program participant. It is recommended that a participant request that all agencies from which s/he receives services to accept the substitute address.

Although private companies do not have to accept the substitute address, many businesses will be willing to do so. Don’t hesitate to ask them to use the substitute address.

The phone company, oil company, and power utility all need to know where the home is for service purposes and, therefore, require an actual address. In these cases, it is recommended that program participants speak with the customer service supervisor to try to make special arrangements to provide for level of confidentiality. For example, the utility may allow the participant to use an alias name in the database to prohibit access of a program participant’s actual name and address.

Can participants use the ACP for banking?

Yes. Banks face regulations and requirements that they must have a reasonable belief that they know the true identity of their customers through Customer Identification Programs (CIPs).

However, in 2009 the United States Department of Treasury Financial Crimes Enforcement Network released a ruling, FIN-2009-R003, that allows financial institutions to collect the street address of the ACP sponsoring agency to meet the CIP requirement.

Visit here for the full ruling: https://www.fincen.gov/sites/default/files/administrative_ruling/fin-2009-r003.pdf