Int. No. 153-A

By Council Members Cabán, Hanif, Louis, Ayala, Ung the Public Advocate (Mr. Williams), Stevens, Won, Restler, Krishnan, Abreu, Marte, Hudson, Nurse, Williams, Gutiérrez, Narcisse, Menin, Lee, De La Rosa, Richardson Jordan, Schulman, Avilés, Bottcher, Brewer, Velázquez, Rivera, Sanchez, Farías, Riley, Gennaro, Hanks, Kagan and Mealy

A Local Law to amend the administrative code of the city of New York, in relation to establishing a housing stability program for survivors of domestic and gender-based violence

Be it enacted by the Council as follows:

Section 1. Section 3-180 of the administrative code of the city of New York, as added by local law number 38 for the year 2019 and renumbered by local law 109 for the year 2021, is amended to read as follows:

                     § 3-180 Definitions. For the purposes of this subchapter, the following terms have the following meanings:

Domestic violence. The term “domestic violence” means acts or threats of violence, not including acts of self-defense, committed by a family or household member against another family or household member.

Family justice center. The term “family justice center” means the centers and any successor locations through which the office or successor entity provides criminal justice, civil legal, and social services to victims of domestic violence and gender-based violence.

Family or household member. The term “family or household member” means the following individuals: (i) persons related by consanguinity or affinity; (ii) persons legally married to one another; (iii) persons formerly married to one another regardless of whether they still reside in the same household; (iv) persons who have a child in common regardless of whether such persons have been married or have lived together at any time; (v) persons not legally married, but currently living together in a family-type relationship; and (vi) persons not legally married, but who have formerly lived together in a family-type relationship.

Gender-based violence. The term “gender-based violence” means acts or threats of violence directed against a person because of their gender or perceived gender, including, but not limited to, family violence, intimate partner violence, sexual violence, sex or labor trafficking, elder abuse, and stalking.

Office. The term “office” means the office to end domestic and gender-based violence.

Relevant organization. The term “relevant organization” means an organization that provides services to a survivor, which include, but are not limited to, child and youth, education, employment, health, housing, immigration, income, legal, safety planning, and transportation services.

Survivor. The term “survivor” means an individual who has experienced or reported domestic or gender-based violence.

§ 2. Subchapter 8 of chapter 1 of title 3 of the administrative code of the city of New York is amended by adding a new section 3-185 to read as follows:

§ 3-185 Domestic violence and gender-based violence survivor housing stability program. a. Definitions. For the purposes of this section, the following terms have the following meanings:

Covered individual. The term “covered individual” means an individual who meets the following criteria:

1. A survivor, as defined in section 3-180, whose status as such is established by a self-attestation, documentation from an agency or community-based organization, or an order of a court of competent jurisdiction;

2. Income-eligible;

3. A resident of the city of New York; and

4. Any other criteria deemed appropriate by the office to further the purposes of the program, except that, to the extent allowed under applicable law, such criteria shall be irrespective of such individual’s consumer credit history, criminal history, or immigration status.

Designated organizations. The term “designated organizations” means one or more community-based, relevant organizations designated by the office to participate in the program established pursuant to subdivision b of this section.

Income-eligible. The term “income-eligible” means an individual whose annual gross income is not in excess of 300 percent of the federal poverty guidelines, as updated periodically in the federal register by the United States department of health and human services pursuant to subsection (2) of section 9902 of title 42 of the United States code.

Low-barrier grant. The term “low-barrier grant” means a grant of financial assistance, free from as many requirements as possible that might deter or exclude a recipient, which may be used to cover any expense that would help a covered individual maintain housing including, but not limited to, the costs of a safety plan, housing costs, legal services costs, medical bills, mobile phone costs, moving costs, and transportation costs.

Program participant. The term “program participant” means a covered individual who has received a low-barrier grant and connection to supportive services pursuant to the program established by subdivision b of this section.

Supportive service. The term “supportive service” means a service that will help a survivor maintain housing, including, but not limited to, counseling, health services, housing services, and legal services.

b. Low-barrier grant and services program established. 1. Subject to appropriation, within nine months of the effective date of the local law that added this section, the office, in consultation with the department of social services and the designated organizations, shall establish a program to provide program participants with a low-barrier grant and connection to supportive services to help such individuals maintain housing.

2. The office, in consultation with the designated organizations, shall administer such program and coordinate the following:

(a) The application for such program, which shall be made available on the office’s website;

(b) The process for the disbursement of the low-barrier grant to program participants; and

(c) The connection to supportive services for program participants.

3. The office shall coordinate with the office of information privacy, the office of cyber command and any other relevant agency or office regarding the privacy and security of covered individuals and the information that such individuals provide to access information about, apply for, and participate in such program.

4. The office shall promulgate such rules as may be necessary to carry out the purposes of this section.

c. Outreach. Prior to accepting applications for the program required by subdivision b of this section, and continuing thereafter, the office, the department of social services, and the designated organizations shall conduct culturally appropriate outreach to spread awareness of such program. Such outreach shall include, but need not be limited to, written materials, which shall be made available to survivors in the designated citywide languages, as defined in section 23-1101, and in Braille.

d. Report. No later than 180 days after the office establishes the program required by subdivision b of this section, and annually thereafter, the office, in consultation with the department of social services and the designated organizations, shall issue a report on such program, which the office shall submit to the mayor and the speaker of the council and post on the office’s website. The information in such report shall be reported in the aggregate and include, but need not be limited to, the following, to the extent such information is provided to the office:

1. The initial report shall include, but not be limited to, the following:

(a) For program applicants, aggregate data shall include the covered individuals’ age group, community district, disability status, ethnicity, gender identity, household size, housing status, income, primary language, race, and sexuality;

(b) For program participants, aggregate data shall include the program participants’ age group, community district, disability status, ethnicity, gender identity, household size, housing status, income, primary language, race, and sexuality;

(c) The range, average, and median amount of every low-barrier grant provided to each program participant;

(d) The range, average, and median amount of time that it took each program participant to receive and use such low-barrier grant;

(e) A broad list of categories of expenses for which such program participants used such low-barrier grant;

(f) A description of the supportive services that program participants were connected to and how such services helped them maintain housing;

(g) A description of any changes in the housing status of program participants; and

(h) A description of any challenges the office had in implementing such program and any efforts the office took to address such challenges; and

2. The annual report shall include, but need not be limited to, the following:

(a) The information in the initial report, updated for such annual report;

(b) A description of any barriers that prevented survivors from qualifying for and participating in the program established pursuant to subdivision b of this section and any efforts the office took to address them;

(c) A description of how such program does or does not help the program participants to maintain housing;

(d) Any recommendations on how to improve such program; and

(e) Such program’s budget for the relevant fiscal year.

3. No information that is required to be reported pursuant to this subdivision shall be reported if doing so would violate any applicable provision of federal, state, or local law relating to the privacy, confidentiality, use, or disclosure of such information. If a category contains between one to nine households, or allows another category to be narrowed to be between one to nine households, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero.

e. Other public benefits or assistance programs. Notwithstanding the provisions of any law or regulations to the contrary, and in consultation with the mayor’s office of operations and any other agency the commissioner deems appropriate, to the extent permitted by federal, state, and local law and regulations, any cash payments provided to eligible households or individuals pursuant to this local law shall not be taken into account as income for purposes of determining eligibility for any other public benefits or assistance programs.

§ 2. This local law takes effect immediately.

NLB / BM

LS #6468 6775

10/19/2022 9:35p