S T A T E   O F   N E W   Y O R K
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                                  2199

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
  tee on Housing

AN ACT to amend the public housing law, in relation to directing the New
  York City Housing Authority establish alternative requirements for the
  qualification of domestic violence victims for N-1 priority access  to
  housing accommodations

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "survivor's accessing fair and equitable (SAFE) housing act".
  S  2. Section 402 of the public housing law is amended by adding a new
subdivision 6-a to read as follows:
  6-A. THE AUTHORITY SHALL ESTABLISH, WITHIN SIXTY DAYS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION,  AN  ADDITIONAL  ALTERNATIVE  APPLICATION  AND
REQUIREMENTS  THEREFOR FOR GRANTING N-1 PRIORITY FOR ACCESS TO AUTHORITY
HOUSING ACCOMMODATIONS TO PERSONS WHO ARE VICTIMS OF DOMESTIC  VIOLENCE.
SUCH REQUIREMENTS SHALL:
  A.  BE  BASED UPON THE NO VIOLENCE AGAIN SCREENING FORM ESTABLISHED BY
THE HUMAN RESOURCES ADMINISTRATION OF THE DEPARTMENT OF SOCIAL  SERVICES
OF  THE  CITY  OF NEW YORK, PROVIDED THAT SUCH FORM MAY BE SUPERFICIALLY
ALTERED BY THE AUTHORITY FOR USE IN THE N-1 PRIORITY HOUSING PROGRAM;
  B. NOT REQUIRE SUBMISSION OF ANY ADDITIONAL, OUTSIDE DOCUMENTATION NOT
INCLUDED IN THE NO VIOLENCE  AGAIN  SCREENING  FORM,  EXCEPT  THE  SWORN
ATTESTATIONS  OF  THE  APPLICANT  AND  SERVICE  PROVIDER REQUIRED BY THE
PROVISIONS OF PARAGRAPHS E, F AND G OF THIS SUBDIVISION;
  C. NOT BE CONTINGENT UPON ANY ADDITIONAL QUANTITATIVE  OR  QUALITATIVE
ANALYSIS  OR  RATING  OF  THE CONTENTS OF THE MODIFIED NO VIOLENCE AGAIN
SCREENING FORM BY THE AUTHORITY;
  D. PROVIDE THAT THE APPLICATION AND REQUIREMENTS ESTABLISHED  PURSUANT
TO  THIS  SUBDIVISION  SHALL BE AN ALTERNATIVE, EQUAL MEANS, IN ADDITION

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

                                                           LBD00309-01-3

A. 2199                             2

TO, NOT AS A REPLACEMENT OF ANY OTHER MEANS ESTABLISHED BY THE  AUTHORI-
TY,  FOR  GRANTING N-1 PRIORITY FOR ACCESS TO AUTHORITY HOUSING ACCOMMO-
DATIONS TO PERSONS WHO ARE VICTIMS OF DOMESTIC VIOLENCE;
  E.  REQUIRE THE APPLICANT TO SWEAR, UNDER THE PENALTY OF PERJURY, THAT
HE OR SHE HAS SUFFERED SERIOUS OR REPEATED ABUSE FROM A  FAMILY  MEMBER,
OR A PERSON HE OR SHE HAD OR CONTINUES TO HAVE AN INTIMATE RELATIONSHIP,
AND AS THE RESULT OF SUCH ABUSE, THE APPLICANT HAS SUFFERED ACTUAL PHYS-
ICAL  INJURY  OR  THE  THREAT OF PHYSICAL INJURY, AND HE OR SHE (I) WILL
CONTINUE TO SUFFER ABUSE IF THE APPLICANT CONTINUES TO LIVE  IN  HIS  OR
HER  CURRENT  RESIDENCE,  OR  (II)  HAS LEFT HIS OR HER RESIDENCE DUE TO
ABUSE AND IS NOT LIVING IN STANDARD PERMANENT REPLACEMENT HOUSING;
  F. REQUIRE ATTESTING DOMESTIC VIOLENCE  SERVICE  PROVIDERS  TO  SWEAR,
UNDER  THE PENALTY OF PERJURY, THAT IN HIS OR HER PROFESSIONAL JUDGMENT,
BASED ON DUE DILIGENCE,  THAT  AN  APPLICANT  HAS  SUFFERED  SERIOUS  OR
REPEATED ABUSE FROM A FAMILY MEMBER, OR A PERSON WITH WHOM THE APPLICANT
HAD  OR  CONTINUES  TO HAVE AN INTIMATE RELATIONSHIP, AND AS A RESULT OF
SUCH ABUSE, THE APPLICANT HAS SUFFERED ACTUAL  PHYSICAL  INJURY  OR  THE
THREAT  OF  PHYSICAL INJURY, AND SUCH APPLICANT IS AT A SUBSTANTIAL RISK
OF FURTHER ABUSE WITHOUT ACCESS TO SAFE, PERMANENT HOUSING; AND
  G. REQUIRE EACH ATTESTING DOMESTIC VIOLENCE SERVICE PROVIDER TO SWEAR,
UNDER THE PENALTY OF PERJURY, THAT HE OR SHE IS A MEMBER OR EMPLOYEE  OF
AN ORGANIZATION THAT RECEIVES CITY OF NEW YORK, STATE OR FEDERAL FUNDING
FOR  THE  PROVISION  OF  DOMESTIC VIOLENCE SERVICES. PROVIDED, THAT, ANY
DOMESTIC VIOLENCE SERVICE PROVIDER OR OTHER  SOCIAL  SERVICES  PROVIDER,
WHICH  IS  NOT  SO FUNDED, MAY APPLY TO THE APPLICATIONS DIVISION OF THE
AUTHORITY FOR AUTHORIZATION TO ACT AS  AN  ATTESTING  DOMESTIC  VIOLENCE
SERVICE PROVIDER ON N-1 PRIORITY APPLICATIONS.
  S 3. This act shall take effect immediately.