Senate Bill S4394

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4394

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 26, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. The social services law is amended by adding a new  section
131-bb to read as follows:
  S 131-BB. DOMESTIC VIOLENCE HOUSING SUBSIDIES.  1. NOTWITHSTANDING ANY
INCONSISTENT  PROVISION  OF  LAW,  EVERY  SOCIAL SERVICES DISTRICT SHALL
OFFER AND PROVIDE HOUSING SUBSIDIES TO VICTIMS OF DOMESTIC VIOLENCE.
  2. VICTIMS OF DOMESTIC VIOLENCE SHALL BE ELIGIBLE FOR A SUBSIDY IN THE
AMOUNT OF SEVENTY PERCENT OF THE RENTAL COST OF THE DWELLING UNIT OR THE
MEDIAN HOUSING RENTAL COST FOR THE COUNTY, WHICHEVER  IS  LOWER.    SUCH
HOUSING SUBSIDY SHALL BE USED FOR RENTAL PAYMENTS FOR SUCH DWELLING UNIT
AND  SHALL  NOT BE MADE AVAILABLE FOR MORE THAN ONE YEAR. THE PREVAILING
COST OF RENT FOR AN AREA SHALL NOT EXCEED EIGHTY PERCENT OF THE COST FOR
THE REGION.
  3. A VICTIM OF DOMESTIC VIOLENCE SHALL ONLY BE ELIGIBLE FOR THE  HOUS-
ING  SUBSIDY  AUTHORIZED PURSUANT TO THIS SECTION IN THE EVENT THAT SUCH
PERSON:
  (A) IS A VICTIM OF DOMESTIC VIOLENCE AS DEFINED IN  ARTICLE  SIX-A  OF
THIS CHAPTER;
  (B) IS NOT OTHERWISE ELIGIBLE FOR SHELTER UNDER THIS ARTICLE OR IN THE
EVENT THAT SUCH SHELTER IS INAPPROPRIATE FOR SUCH PERSON;
  (C)  HAS  A  HOUSEHOLD INCOME OF LESS THAN TWELVE THOUSAND DOLLARS AND
ACCESSIBLE CASH RESOURCES OF LESS THAN ONE THOUSAND DOLLARS; AND
  (D) HAS BEEN CERTIFIED AS A DOMESTIC  VIOLENCE  VICTIM  BY  THE  LOCAL
SOCIAL SERVICES DISTRICT.
  4. VICTIMS OF DOMESTIC VIOLENCE SHALL BE CERTIFIED BY THE LOCAL SOCIAL
SERVICES DISTRICT UPON A FINDING OF:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05702-01-3
              

S. 4394                             2

  (A)  A  CRIMINAL  CONVICTION  OF  THE  ASSAILANT OF A SERIOUS CRIMINAL
CHARGE;
  (B)  THE  ISSUANCE  OF  A  TEMPORARY  OR PERMANENT ORDER OF PROTECTION
INVOLVING SERIOUS BODILY HARM TO THE VICTIM;
  (C) A POLICE REPORT DOCUMENTING SERIOUS ACCOUNTS OF PHYSICAL  DOMESTIC
VIOLENCE;
  (D)  A SUBSTANTIATED DETERMINATION BY A BATTERED WOMEN'S SHELTER COUN-
SELOR THAT A PARTICULAR SHELTER RESIDENT IS IN SERIOUS PHYSICAL DANGER;
  (E) A SUBSTANTIATED DETERMINATION BY A RAPE  CRISIS  CENTER  COUNSELOR
THAT A VICTIM OF DOMESTIC VIOLENCE IS IN SERIOUS PHYSICAL DANGER;
  (F)  A SUBSTANTIATED DETERMINATION BY A CERTIFIED BATTERER'S TREATMENT
PROGRAM COUNSELOR THAT A VICTIM OF DOMESTIC VIOLENCE IS IN SERIOUS PHYS-
ICAL DANGER; OR
  (G) THE REASONABLE FEAR OF A BATTERED PERSON  THAT  SUCH  PERSON  WILL
ENCOUNTER FURTHER SERIOUS PHYSICAL RETALIATION.
  5.  THE  CONTINUED  NEED  FOR  SUCH SHELTER SHALL BE REVIEWED MONTHLY,
EVALUATED AND AUTHORIZED MONTHLY BY  A SOCIAL SERVICES OFFICIAL.    SUCH
HOUSING SUBSIDY SHALL BE AVAILABLE IN LIEU OF ANY OTHER ALLOWANCE OTHER-
WISE AVAILABLE FOR SHELTER.
  6.  THE  COMMISSIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL ISSUE REGULATIONS GOVERNING DOMESTIC VIOLENCE HOUSING SUBSIDIES.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have become a law.