Allows for three forty-five day extensions of necessary and available emergency shelter for victims of domestic violence instead of the current two forty-five day extensions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2671
SPONSOR: Giglio JM TITLE OF BILL:
An act to amend the social services law, in relation to allowing for
three forty-five day extensions of necessary and available emergency
shelter for victims of domestic violence
PURPOSE OR GENERAL IDEA OF BILL:
To extend the maximum time allowable in an emergency shelter for victims
of domestic violence.
SUMMARY OF PROVISIONS:
Section one increases from two to three forty-five day extensions of
necessary and available emergency shelter for victims of domestic
violence. Section two contains the effective date.
JUSTIFICATION:
Temporary emergency shelters assist victims of domestic violence in
their greatest time of need. The process of determining what the
victim's life will be like beyond their time in the shelter will vary
based on individual needs. As such, the maximum time allowable in emer-
gency temporary shelters has proven to be insufficient for many victims
who are unable to find permanent housing and are still in need of emer-
gency services. If a victim exhausts the two forty-five day extensions
available to them now, but still find themselves unable to secure perma-
nent safe housing, they may fall back to into an unsafe environment. By
authorizing the use of an additional 45 day extension beyond the maximum
90 day stay for individuals who are still in need of emergency shelter
we can better ensure that victims find a safe and secure permanent land-
ing place.
PRIOR LEGISLATIVE HISTORY:
10/20/21 referred to social services
01/05/22 referred to social services
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2671
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. J. M. GIGLIO -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to allowing for
three forty-five day extensions of necessary and available emergency
shelter 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. Section 459-b of the social services law, as amended by
2 chapter 7 of the laws of 2016, is amended to read as follows:
3 § 459-b. Residential services for victims of domestic violence. In
4 accordance with section one hundred thirty-one-u of this chapter and the
5 regulations of the office of children and family services, a social
6 services district shall offer and provide necessary and available emer-
7 gency shelter and services for up to ninety days at a residential
8 program for victims of domestic violence to a victim of domestic
9 violence who was residing in the social services district at the time of
10 the alleged domestic violence whether or not such victim is eligible for
11 public assistance. [Two] Three forty-five day extensions of necessary
12 and available emergency shelter may be granted beyond the maximum length
13 of stay at a residential program for victims of domestic violence for
14 residents who continue to be in need of emergency services and temporary
15 shelter. If the victim of domestic violence has a service animal as such
16 term is defined in section one hundred twenty-three-b of the agriculture
17 and markets law, or therapy dog as such term is defined in section one
18 hundred eight of the agriculture and markets law, respectively, such
19 service animal or therapy dog shall be allowed to accompany the victim
20 at the residential program authorized pursuant to this section, so long
21 as such accompaniment would not create an undue burden as defined by
22 section two hundred ninety-six of the executive law.
23 Where such accompaniment would constitute an undue burden, the resi-
24 dential program shall make reasonable efforts to facilitate placement of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01685-01-3
A. 2671 2
1 such animal at an off-site animal care facility or if reasonable efforts
2 fail, provide referral to one or more off-site animal care facilities.
3 Such off-site animal care may include, but not be limited to, boarding
4 at a veterinary hospital or under the auspices of a duly incorporated
5 humane society, or duly incorporated animal protection association
6 approved for such purpose by the department of agriculture and markets.
7 Nothing in this section shall be construed to limit any rights or
8 obligations provided pursuant to federal or state law, including but not
9 limited to providing reasonable accommodations for individuals with
10 disabilities.
11 § 2. This act shall take effect immediately.
