Establishes a waiver program allowing a domestic violence residential program to apply to the office of children and family services for a waiver enabling a victim of domestic violence to remain at the program's shelter for a period exceeding one hundred and eighty days.
STATE OF NEW YORK
________________________________________________________________________
7005
2025-2026 Regular Sessions
IN SENATE
March 28, 2025
___________
Introduced by Sens. ROLISON, FERNANDEZ -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Social
Services
AN ACT to amend the social services law, in relation to establishing a
waiver program allowing for longer stays at domestic violence shelters
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. 1. 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 forty-five day extensions of necessary and avail-
12 able emergency shelter may be granted beyond the maximum length of stay
13 at a residential program for victims of domestic violence for residents
14 who continue to be in need of emergency services and temporary shelter.
15 If the victim of domestic violence has a service animal as such term is
16 defined in section one hundred twenty-three-b of the agriculture and
17 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.
LBD07862-02-5
S. 7005 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 2. (a) Notwithstanding the duration of stay limitations set forth in
8 subdivision one of this section, a social services district, through the
9 office of children and family services, will grant waivers allowing
10 domestic violence residential programs to serve victims who need a
11 length of stay in excess of the maximum one hundred eighty days upon a
12 showing that circumstances prevent such victims from moving to safe,
13 alternative housing, and require the length of stay to be exceeded.
14 (b) A domestic violence residential program shall apply to the office
15 of children and family services for a waiver enabling a victim of domes-
16 tic violence to remain at the program's shelter for a period exceeding
17 one hundred eighty days; provided that, no such waiver shall allow for a
18 stay that shall exceed an additional ninety days. Such residential
19 program shall make a written request for a waiver by emailing the social
20 services district. A waiver must be requested by the residential program
21 for each resident requiring a stay in excess of one hundred eighty days.
22 (c) When applying for a waiver, the domestic violence residential
23 program shall include a description of the following:
24 (i) the circumstances leading to the request;
25 (ii) the length of the waiver requested;
26 (iii) if and how the request will affect the program's ability to
27 continue to provide services.
28 (d) Requests for a waiver will be reviewed and decided by the office
29 of children and family services within two business days of receipt of
30 the request. The office of children and family services will email both
31 the domestic violence residential program and the social services
32 district or districts that contract with the domestic violence program
33 to advise of any approved waivers. The granting of a waiver shall not
34 affect the process for obtaining reimbursement for emergency shelter.
35 Once a waiver for an extended length of stay is granted, a social
36 services district shall, in accordance with the provisions of section
37 one hundred thirty-one-u of this chapter, provide timely reimbursement
38 for the entirety of such length of stay.
39 3. Nothing in this section shall be construed to limit any rights or
40 obligations provided pursuant to federal or state law, including but not
41 limited to providing reasonable accommodations for individuals with
42 disabilities.
43 § 2. This act shall take effect on the ninetieth day after it shall
44 have become a law. Effective immediately, the addition, amendment and/or
45 repeal of any rule or regulation necessary for the implementation of
46 this act on its effective date are authorized to be made and completed
47 on or before such effective date.
