Legislation
SECTION 459-B
Residential services for victims of domestic violence
Social Services (SOS) CHAPTER 55, ARTICLE 6-A
§ 459-b. Residential services for victims of domestic violence. In
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the office of children and family services, a social
services district shall offer and provide necessary and available
emergency shelter and services for up to ninety days at a residential
program for victims of domestic violence to a victim of domestic
violence who was residing in the social services district at the time of
the alleged domestic violence whether or not such victim is eligible for
public assistance. Two forty-five day extensions of necessary and
available emergency shelter may be granted beyond the maximum length of
stay at a residential program for victims of domestic violence for
residents who continue to be in need of emergency services and temporary
shelter. If the victim of domestic violence has a service animal as such
term is defined in section one hundred twenty-three-b of the agriculture
and markets law, or therapy dog as such term is defined in section one
hundred eight of the agriculture and markets law, respectively, such
service animal or therapy dog shall be allowed to accompany the victim
at the residential program authorized pursuant to this section, so long
as such accompaniment would not create an undue burden as defined by
section two hundred ninety-six of the executive law.
Where such accompaniment would constitute an undue burden, the
residential program shall make reasonable efforts to facilitate
placement of such animal at an off-site animal care facility or if
reasonable efforts fail, provide referral to one or more off-site animal
care facilities. Such off-site animal care may include, but not be
limited to, boarding at a veterinary hospital or under the auspices of a
duly incorporated humane society, or duly incorporated animal protection
association approved for such purpose by the department of agriculture
and markets.
Nothing in this section shall be construed to limit any rights or
obligations provided pursuant to federal or state law, including but not
limited to providing reasonable accommodations for individuals with
disabilities.
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the office of children and family services, a social
services district shall offer and provide necessary and available
emergency shelter and services for up to ninety days at a residential
program for victims of domestic violence to a victim of domestic
violence who was residing in the social services district at the time of
the alleged domestic violence whether or not such victim is eligible for
public assistance. Two forty-five day extensions of necessary and
available emergency shelter may be granted beyond the maximum length of
stay at a residential program for victims of domestic violence for
residents who continue to be in need of emergency services and temporary
shelter. If the victim of domestic violence has a service animal as such
term is defined in section one hundred twenty-three-b of the agriculture
and markets law, or therapy dog as such term is defined in section one
hundred eight of the agriculture and markets law, respectively, such
service animal or therapy dog shall be allowed to accompany the victim
at the residential program authorized pursuant to this section, so long
as such accompaniment would not create an undue burden as defined by
section two hundred ninety-six of the executive law.
Where such accompaniment would constitute an undue burden, the
residential program shall make reasonable efforts to facilitate
placement of such animal at an off-site animal care facility or if
reasonable efforts fail, provide referral to one or more off-site animal
care facilities. Such off-site animal care may include, but not be
limited to, boarding at a veterinary hospital or under the auspices of a
duly incorporated humane society, or duly incorporated animal protection
association approved for such purpose by the department of agriculture
and markets.
Nothing in this section shall be construed to limit any rights or
obligations provided pursuant to federal or state law, including but not
limited to providing reasonable accommodations for individuals with
disabilities.