NY State Senate Bill 2021-S8132

Senate Bill S8132

2021-2022 Legislative Session

Establishes community residences for victims of domestic violence and their family or household members

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2022	referred to social services

2021-S8132 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §459-i, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S4537

2021-S8132 (ACTIVE) - Summary

Establishes community residences for victims of domestic violence and their family or household members.

2021-S8132 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8132

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing
community residences for victims of domestic violence and their family
or household members

 
PURPOSE:

Establishes community residences for victims of domestic violence and
their family or household members

 
SUMMARY OF PROVISIONS:

Section 1 amends the social services law by adding section 459-i.

*The terms "community residential facility for victims of domestic
violence", "Sponsoring agency", "municipality", "commissioner" are all
defined.

* The commissioner is given the jurisdiction to operate or cause to be
operated community residential facilities for victims of domestic
violence and their family members. Additionally, the commissioner may
provide state aid to local governments and to voluntary agencies in the
amount not to exceed fifty percent for acquisition or construction of
such community residences and in an amount not to exceed fifty percent
for the total operating costs of community residences except community
residences for victims of domestic violence. Such state aid to voluntary
agencies shall not be granted unless there has been prior approval of
the proposed community residence by the local governmental unit.

* The sponsoring agency requesting to establish a facility without a
specific site may notify the chief executive offer of the municipality
in writing of its intentions and include a description of the nature,
size, and community support requirements of the program. However, noth-
ing in this subdivision shall preclude the proposed establishment of a
site pursuant to subdivision four of this section.

* States the procedure for the sponsoring agency to request a residen-
tial facility once the site has been selected. Including a timeline of
when the municipality must answer such requests and appropriate
responses by the municipality to such notice.

* A clause is included to ensure that licensing authorities and the
office for the prevention of domestic violence does not issue an operat-
ing certificate to a sponsoring agency for the operation of a facility
if the sponsoring agency does not notify the municipality of its inten-
tion to establish a program as required by subdivision four of this
section. However, nothing contained in this paragraph shall either be
construed to require facilities of more than fourteen beds to meet any
other requirements of this section or to deem such facilities family
units for the purposes of local laws and ordinances.

* Lastly, a community residence established pursuant to this section
shall be deemed a family unit, for the purposes of local laws and ordi-
nances.

Section 2 states the effective date.

 
JUSTIFICATION:

According to the National Network to End Domestic Violence, between 22
and 57 percent of survivors of domestic violence are homeless due to
domestic violence. Safe and affordable housing should not be a barrier
that keeps survivors in abusive relationships. This bill seeks to
prevent communities from excluding domestic violence residential facili-
ties unless the area is already saturated or a better site in the same
community could be found.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2021-S8132 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8132
 
                             I N  S E N A T E
 
                             January 25, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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  establishing
   community residences for victims of domestic violence and their family
   or household members
 
   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
 459-i to read as follows:
   § 459-I. COMMUNITY RESIDENCES FOR VICTIMS OF DOMESTIC VIOLENCE. 1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "COMMUNITY RESIDENTIAL FACILITY FOR VICTIMS OF DOMESTIC VIOLENCE"
 MEANS A SUPPORTIVE LIVING FACILITY WITH FOUR TO FOURTEEN RESIDENTS OR  A
 SUPERVISED  LIVING  FACILITY  SUBJECT TO LICENSURE BY THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE WHICH PROVIDES A  RESIDENCE  FOR  UP  TO
 FOURTEEN  INDIVIDUALS  WHO  ARE  A VICTIM OF DOMESTIC VIOLENCE AND THEIR
 FAMILY OR HOUSEHOLD MEMBERS.
   (B) "SPONSORING AGENCY" MEANS AN  AGENCY  OR  UNIT  OF  GOVERNMENT,  A
 VOLUNTARY  AGENCY  OR  ANY OTHER PERSON OR ORGANIZATION WHICH INTENDS TO
 ESTABLISH OR OPERATE A COMMUNITY RESIDENTIAL  FACILITY  FOR  VICTIMS  OF
 DOMESTIC VIOLENCE AND THEIR FAMILY OR HOUSEHOLD MEMBERS.
   (C)  "MUNICIPALITY"  MEANS AN INCORPORATED VILLAGE IF A FACILITY IS TO
 BE LOCATED THEREIN, A TOWN IF THE FACILITY IS TO BE LOCATED THEREIN  AND
 NOT  SIMULTANEOUSLY  WITHIN  AN  INCORPORATED VILLAGE, OR A CITY, EXCEPT
 THAT IN THE CITY OF NEW YORK, THE COMMUNITY BOARD WITH JURISDICTION OVER
 THE AREA IN WHICH SUCH A FACILITY IS TO BE LOCATED SHALL  BE  CONSIDERED
 THE MUNICIPALITY.
   (D) "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF THE DEPART-
 MENT  RESPONSIBLE  FOR  ISSUANCE OF LICENSE AND OPERATING CERTIFICATE TO
 THE PROPOSED COMMUNITY RESIDENTIAL FACILITY.
   2. THE COMMISSIONER SHALL HAVE THE POWER TO OPERATE  OR  CAUSE  TO  BE
 OPERATED  COMMUNITY  RESIDENTIAL  FACILITIES  FOR  VICTIMS  OF  DOMESTIC
 VIOLENCE AND THEIR FAMILY OR HOUSEHOLD MEMBERS. WITHIN AMOUNTS AVAILABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14025-01-1
 S. 8132                             2
 
 THEREFOR AND SUBJECT TO  REGULATIONS  ESTABLISHED  BY  HIM  OR  HER  AND
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS ARTICLE, HE OR SHE MAY
 PROVIDE STATE AID TO LOCAL GOVERNMENTS AND TO VOLUNTARY AGENCIES (I)  IN
 AN AMOUNT NOT TO EXCEED FIFTY PERCENT FOR ACQUISITION OR CONSTRUCTION OF
 SUCH  COMMUNITY  RESIDENCES,  AND  (II) IN AN AMOUNT NOT TO EXCEED FIFTY
 PERCENT FOR THE TOTAL OPERATING COSTS  OF  COMMUNITY  RESIDENCES  EXCEPT
 COMMUNITY RESIDENCES FOR VICTIMS OF DOMESTIC VIOLENCE. SUCH STATE AID TO
 VOLUNTARY  AGENCIES  SHALL  NOT  BE  GRANTED UNLESS THERE HAS BEEN PRIOR
 APPROVAL OF THE PROPOSED COMMUNITY RESIDENCE BY THE  LOCAL  GOVERNMENTAL
 UNIT.
   3.  IF A SPONSORING AGENCY INTENDS TO ESTABLISH A RESIDENTIAL FACILITY
 FOR VICTIMS OF DOMESTIC VIOLENCE WITHIN A MUNICIPALITY BUT DOES NOT HAVE
 A SPECIFIC SITE SELECTED, IT MAY NOTIFY THE CHIEF EXECUTIVE  OFFICER  OF
 THE MUNICIPALITY IN WRITING OF ITS INTENTIONS AND INCLUDE IN SUCH NOTICE
 A  DESCRIPTION OF THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIREMENTS OF
 THE PROGRAM.  PROVIDED,  HOWEVER,  NOTHING  IN  THIS  SUBDIVISION  SHALL
 PRECLUDE  THE  PROPOSED  ESTABLISHMENT OF A SITE PURSUANT TO SUBDIVISION
 FOUR OF THIS SECTION.
   4. (A) WHEN A SITE HAS BEEN SELECTED  BY  THE  SPONSORING  AGENCY,  IT
 SHALL  NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WRITING
 AND INCLUDE IN SUCH NOTICE THE SPECIFIC ADDRESS OF THE SITE, THE TYPE OF
 COMMUNITY RESIDENCE, THE NUMBER OF RESIDENTS AND THE  COMMUNITY  SUPPORT
 REQUIREMENTS  OF  THE  PROGRAM.  SUCH NOTICE SHALL ALSO CONTAIN THE MOST
 RECENTLY PUBLISHED  DATA  COMPILED  PURSUANT  TO  SECTION  FOUR  HUNDRED
 SIXTY-THREE-A OF THIS CHAPTER WHICH CAN REASONABLY BE EXPECTED TO PERMIT
 THE  MUNICIPALITY  TO  EVALUATE ALL SUCH FACILITIES AFFECTING THE NATURE
 AND CHARACTER OF THE AREA  WHEREIN  SUCH  PROPOSED  FACILITY  IS  TO  BE
 LOCATED.  THE  MUNICIPALITY  SHALL  HAVE FORTY DAYS AFTER THE RECEIPT OF
 SUCH NOTICE TO:
   (I) APPROVE THE SITE RECOMMENDED BY THE SPONSORING AGENCY;
   (II) SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION  WHICH
 COULD ACCOMMODATE SUCH A FACILITY; OR
   (III)  OBJECT TO THE ESTABLISHMENT OF A FACILITY OF THE KIND DESCRIBED
 BY THE SPONSORING AGENCY BECAUSE TO DO SO WOULD RESULT IN SUCH A CONCEN-
 TRATION OF COMMUNITY RESIDENTIAL  FACILITIES  FOR  VICTIMS  OF  DOMESTIC
 VIOLENCE  IN  THE  MUNICIPALITY  OR IN THE AREA IN PROXIMITY TO THE SITE
 SELECTED OR A COMBINATION OF SUCH FACILITIES WITH OTHER COMMUNITY  RESI-
 DENCES OR SIMILAR FACILITIES LICENSED BY OTHER AGENCIES OF STATE GOVERN-
 MENT,  INCLUDING ALL COMMUNITY RESIDENCES, INTERMEDIATE CARE FACILITIES,
 RESIDENTIAL CARE FACILITIES FOR ADULTS AND RESIDENTIAL TREATMENT FACILI-
 TIES FOR INDIVIDUALS WITH MENTAL ILLNESS OR  DEVELOPMENTAL  DISABILITIES
 OPERATED PURSUANT TO ARTICLE SIXTEEN OR ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE  LAW  AND ALL SIMILAR RESIDENTIAL FACILITIES OF FOURTEEN OR LESS
 RESIDENTS OPERATED OR LICENSED BY ANOTHER STATE AGENCY, THAT THE  NATURE
 AND CHARACTER OF THE AREAS WITHIN THE MUNICIPALITY WOULD BE SUBSTANTIAL-
 LY ALTERED.
   (B)  SUCH RESPONSE SHALL BE FORWARDED TO THE SPONSORING AGENCY AND THE
 COMMISSIONER. IF THE MUNICIPALITY DOES NOT RESPOND  WITHIN  FORTY  DAYS,
 THE  SPONSORING  AGENCY  MAY  ESTABLISH  A COMMUNITY RESIDENCE AT A SITE
 RECOMMENDED IN ITS NOTICE.
   (C) PRIOR TO FORWARDING A RESPONSE TO THE SPONSORING  AGENCY  AND  THE
 COMMISSIONER,  THE  MUNICIPALITY  MAY  HOLD A PUBLIC HEARING PURSUANT TO
 LOCAL LAW.
   (D) IF THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE  SPONSOR-
 ING  AGENCY,  THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH THE FACILITY
 AT THE APPROVED SITE.
 S. 8132                             3
 
   (E) (I) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE  SATIS-
 FACTORY  WITH  REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIRE-
 MENTS OF THE PROGRAM OF THE PROPOSED FACILITY AND THE AREA IN WHICH SUCH
 SITE OR SITES ARE LOCATED DOES NOT ALREADY INCLUDE AN  EXCESSIVE  NUMBER
 OF  COMMUNITY RESIDENTIAL FACILITIES FOR VICTIMS OF DOMESTIC VIOLENCE OR
 SIMILAR FACILITIES LICENSED BY  OTHER  STATE  AGENCIES,  THE  SPONSORING
 AGENCY  SHALL  SEEK TO ESTABLISH ITS FACILITY AT ONE OF THE SITES DESIG-
 NATED BY THE MUNICIPALITY.
   (II) IF THE MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATIS-
 FACTORY TO THE SPONSORING AGENCY, THE AGENCY SHALL SO NOTIFY THE MUNICI-
 PALITY WHICH SHALL HAVE FIFTEEN DAYS TO SUGGEST AN ALTERNATIVE  SITE  OR
 SITES FOR THE PROPOSED COMMUNITY RESIDENTIAL FACILITY.
   (F)  (I) IN THE EVENT THE MUNICIPALITY OBJECTS TO THE ESTABLISHMENT OF
 A FACILITY IN THE MUNICIPALITY BECAUSE TO DO SO WOULD RESULT IN  SUCH  A
 CONCENTRATION  OF COMMUNITY RESIDENTIAL FACILITIES FOR VICTIMS OF DOMES-
 TIC VIOLENCE OR A COMBINATION OF SUCH FACILITIES  AND  OTHER  FACILITIES
 LICENSED  BY OTHER STATE AGENCIES THAT THE NATURE AND CHARACTER OF AREAS
 WITHIN THE MUNICIPALITY WOULD BE SUBSTANTIALLY ALTERED; OR THE  SPONSOR-
 ING  AGENCY  OBJECTS  TO  THE ESTABLISHMENT OF A FACILITY IN THE AREA OR
 AREAS SUGGESTED BY THE MUNICIPALITY; OR IN THE EVENT  THAT  THE  MUNICI-
 PALITY  AND SPONSORING AGENCY CANNOT AGREE UPON A SITE, EITHER THE SPON-
 SORING AGENCY OR THE  MUNICIPALITY  MAY  REQUEST  AN  IMMEDIATE  HEARING
 BEFORE  THE  COMMISSIONER  TO  RESOLVE THE ISSUE. THE COMMISSIONER SHALL
 PERSONALLY OR BY A HEARING OFFICER CONDUCT SUCH A HEARING WITHIN FIFTEEN
 DAYS OF SUCH A REQUEST.
   (II) IN REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES IN
 THE MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCENTRATION
 OF SUCH FACILITIES AND OTHER SIMILAR FACILITIES LICENSED BY OTHER  STATE
 AGENCIES  IN  THE  MUNICIPALITY  OR IN THE AREA IN PROXIMITY TO THE SITE
 SELECTED AND ANY OTHER FACILITIES IN THE MUNICIPALITY OR IN THE AREA  IN
 PROXIMITY  TO  THE  SITE  SELECTED  PROVIDING  RESIDENTIAL SERVICES TO A
 SIGNIFICANT NUMBER OF PERSONS WHO ARE VICTIMS OF DOMESTIC VIOLENCE.  THE
 COMMISSIONER  SHALL  SUSTAIN  THE OBJECTION IF HE OR SHE DETERMINES THAT
 THE NATURE AND CHARACTER OF THE AREA IN WHICH  THE  FACILITY  IS  TO  BE
 BASED WOULD BE SUBSTANTIALLY ALTERED AS A RESULT OF THE ESTABLISHMENT OF
 THE  FACILITY. THE COMMISSIONER SHALL MAKE A DETERMINATION WITHIN THIRTY
 DAYS OF THE HEARING.
   5. REVIEW OF A DECISION RENDERED BY THE COMMISSIONER PURSUANT TO  THIS
 SECTION  MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF
 THE CIVIL PRACTICE LAW AND RULES COMMENCED WITHIN  THIRTY  DAYS  OF  THE
 DETERMINATION OF THE COMMISSIONER.
   6.  (A) A LICENSING AUTHORITY SHALL NOT ISSUE AN OPERATING CERTIFICATE
 TO A SPONSORING AGENCY FOR OPERATION OF A  FACILITY  IF  THE  SPONSORING
 AGENCY  DOES NOT NOTIFY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH A
 PROGRAM AS REQUIRED BY SUBDIVISION FOUR OF THIS SECTION.  ANY  OPERATING
 CERTIFICATE  ISSUED  WITHOUT  COMPLIANCE  WITH  THE  PROVISIONS  OF THIS
 SECTION SHALL BE CONSIDERED NULL AND VOID AND CONTINUED OPERATION OF THE
 FACILITY MAY BE ENJOINED.
   (B) THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL NOT ISSUE
 AN OPERATING CERTIFICATE FOR THE OPERATION OF A SUPPORTIVE LIVING FACIL-
 ITY OR A SUPERVISED LIVING FACILITY OF MORE THAN FOURTEEN  RESIDENTS  IF
 THE  AGENCY  OR UNIT OF GOVERNMENT, VOLUNTARY AGENCY OR ANY OTHER PERSON
 OR ORGANIZATION WHICH INTENDS TO ESTABLISH OR OPERATE  SUCH  A  FACILITY
 DOES NOT NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WHICH
 THAT FACILITY IS TO BE ESTABLISHED IN WRITING OF THE INTENTION TO ESTAB-
 LISH  SUCH  FACILITY  AND INCLUDE IN SUCH NOTICE THE SPECIFIC ADDRESS OF
 S. 8132                             4
 
 THE SITE, THE TYPE OF RESIDENCE, THE NUMBER OF RESIDENTS AND THE  COMMU-
 NITY  SUPPORT REQUIREMENTS OF THE PROGRAM; PROVIDED, HOWEVER, THAT NOTH-
 ING CONTAINED IN THIS PARAGRAPH SHALL EITHER  BE  CONSTRUED  TO  REQUIRE
 FACILITIES  OF MORE THAN FOURTEEN BEDS TO MEET ANY OTHER REQUIREMENTS OF
 THIS SECTION, OR TO DEEM SUCH FACILITIES FAMILY UNITS FOR  THE  PURPOSES
 OF LOCAL LAWS AND ORDINANCES.
   7. A COMMUNITY RESIDENCE ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
 DEEMED A FAMILY UNIT, FOR THE PURPOSES OF LOCAL LAWS AND ORDINANCES.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.