S T A T E O F N E W Y O R K
________________________________________________________________________
1725
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. HOOPER -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to housing subsi-
dies for victims of domestic violence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The social services law is amended by adding a new section
2 131-bb to read as follows:
3 S 131-BB. DOMESTIC VIOLENCE HOUSING SUBSIDIES. 1. NOTWITHSTANDING ANY
4 INCONSISTENT PROVISION OF LAW, EVERY SOCIAL SERVICES DISTRICT SHALL
5 OFFER AND PROVIDE HOUSING SUBSIDIES TO VICTIMS OF DOMESTIC VIOLENCE.
6 2. VICTIMS OF DOMESTIC VIOLENCE SHALL BE ELIGIBLE FOR A SUBSIDY IN THE
7 AMOUNT OF SEVENTY PERCENT OF THE RENTAL COST OF THE DWELLING UNIT OR THE
8 MEDIAN HOUSING RENTAL COST FOR THE COUNTY, WHICHEVER IS LOWER. SUCH
9 HOUSING SUBSIDY SHALL BE USED FOR RENTAL PAYMENTS FOR SUCH DWELLING UNIT
10 AND SHALL NOT BE MADE AVAILABLE FOR MORE THAN ONE YEAR. THE PREVAILING
11 COST OF RENT FOR AN AREA SHALL NOT EXCEED EIGHTY PERCENT OF THE COST FOR
12 THE REGION.
13 3. A VICTIM OF DOMESTIC VIOLENCE SHALL ONLY BE ELIGIBLE FOR THE HOUS-
14 ING SUBSIDY AUTHORIZED PURSUANT TO THIS SECTION IN THE EVENT THAT SUCH
15 PERSON:
16 (A) IS A VICTIM OF DOMESTIC VIOLENCE AS DEFINED IN ARTICLE SIX-A OF
17 THIS CHAPTER;
18 (B) IS NOT OTHERWISE ELIGIBLE FOR SHELTER UNDER THIS ARTICLE OR IN THE
19 EVENT THAT SUCH SHELTER IS INAPPROPRIATE FOR SUCH PERSON;
20 (C) HAS A HOUSEHOLD INCOME OF LESS THAN TWELVE THOUSAND DOLLARS AND
21 ACCESSIBLE CASH RESOURCES OF LESS THAN ONE THOUSAND DOLLARS; AND
22 (D) HAS BEEN CERTIFIED AS A DOMESTIC VIOLENCE VICTIM BY THE LOCAL
23 SOCIAL SERVICES DISTRICT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05702-01-3
A. 1725 2
1 4. VICTIMS OF DOMESTIC VIOLENCE SHALL BE CERTIFIED BY THE LOCAL SOCIAL
2 SERVICES DISTRICT UPON A FINDING OF:
3 (A) A CRIMINAL CONVICTION OF THE ASSAILANT OF A SERIOUS CRIMINAL
4 CHARGE;
5 (B) THE ISSUANCE OF A TEMPORARY OR PERMANENT ORDER OF PROTECTION
6 INVOLVING SERIOUS BODILY HARM TO THE VICTIM;
7 (C) A POLICE REPORT DOCUMENTING SERIOUS ACCOUNTS OF PHYSICAL DOMESTIC
8 VIOLENCE;
9 (D) A SUBSTANTIATED DETERMINATION BY A BATTERED WOMEN'S SHELTER COUN-
10 SELOR THAT A PARTICULAR SHELTER RESIDENT IS IN SERIOUS PHYSICAL DANGER;
11 (E) A SUBSTANTIATED DETERMINATION BY A RAPE CRISIS CENTER COUNSELOR
12 THAT A VICTIM OF DOMESTIC VIOLENCE IS IN SERIOUS PHYSICAL DANGER;
13 (F) A SUBSTANTIATED DETERMINATION BY A CERTIFIED BATTERER'S TREATMENT
14 PROGRAM COUNSELOR THAT A VICTIM OF DOMESTIC VIOLENCE IS IN SERIOUS PHYS-
15 ICAL DANGER; OR
16 (G) THE REASONABLE FEAR OF A BATTERED PERSON THAT SUCH PERSON WILL
17 ENCOUNTER FURTHER SERIOUS PHYSICAL RETALIATION.
18 5. THE CONTINUED NEED FOR SUCH SHELTER SHALL BE REVIEWED MONTHLY,
19 EVALUATED AND AUTHORIZED MONTHLY BY A SOCIAL SERVICES OFFICIAL. SUCH
20 HOUSING SUBSIDY SHALL BE AVAILABLE IN LIEU OF ANY OTHER ALLOWANCE OTHER-
21 WISE AVAILABLE FOR SHELTER.
22 6. THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
23 SHALL ISSUE REGULATIONS GOVERNING DOMESTIC VIOLENCE HOUSING SUBSIDIES.
24 S 2. This act shall take effect on the ninetieth day after it shall
25 have become a law.