New York City Council Header
File #: Int 2284-2021    Version: Name: Requiring the dept of social services and the dept of homeless services to provide resources for contracted client service providers to deliver a survivor-centered response in addressing gender-based harassment and sexual assault.
Type: Introduction Status: Enacted
Committee: Committee on General Welfare
On agenda: 4/22/2021
Enactment date: 9/26/2021 Law number: 2021/102
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of social services and the department of homeless services to provide resources for contracted client service providers to deliver a survivor-centered response in addressing gender-based harassment and sexual assault
Sponsors: Helen K. Rosenthal, Ben Kallos, James F. Gennaro, Kalman Yeger , Carlina Rivera , Farah N. Louis, Selvena N. Brooks-Powers, Rafael Salamanca, Jr., Inez D. Barron
Council Member Sponsors: 9
Summary: This bill would require the Department of Social Services (DSS) to deliver a survivor-centered response to complaints of sexual assault or harassment made by a client or staff of a DSS or Department of Homeless (DHS) provider. DSS would be required to offer sexual assault and harassment resources to each survivor, follow-up with each survivor as appropriate and review each complaint to assess the next steps. The bill would require the Office to End Domestic and Gender-Based Violence to develop a survivor resource guide and provide the guide to DSS. DSS would be required to post the survivor guide and other training resources on its website, and make such materials available to contracted providers. The bill would further require DSS to review whether a provider has entered into a settlement in response to a complaint, or other actions taken in response to complaints. DSS would be required to submit an annual report to the Speaker of the Council on any steps taken to establish procedures pursuant to this bill. Finally, DHS would be required to provide resources, information, outreach materials and online training resources compiled by DSS to DHS’ contracted providers.
Indexes: Agency Rule-making Required, Report Required
Attachments: 1. Summary of Int. No. 2284-A, 2. Summary of Int. No. 2284, 3. Int. No. 2284, 4. April 22, 2021 - Stated Meeting Agenda with Links to Files, 5. Hearing Transcript - Stated Meeting 4-22-21, 6. Minutes of the Stated Meeting - April 22, 2021, 7. Committee Report 4/30/21, 8. Hearing Testimony 4/30/21, 9. Hearing Transcript 4/30/21, 10. Proposed Int. No. 2284-A - 8/25/21, 11. Committee Report 8/26/21, 12. Hearing Transcript 8/26/21, 13. August 26, 2021 - Stated Meeting Agenda with Links to Files, 14. Hearing Transcript - Stated Meeting 8-26-21, 15. Minutes of the Stated Meeting - August 26, 2021, 16. Int. No. 2284-A (FINAL), 17. Fiscal Impact Statement, 18. Legislative Documents - Letter to the Mayor, 19. Local Law 102
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
9/27/2021AHelen K. Rosenthal City Council Returned Unsigned by Mayor  Action details Meeting details Not available
9/26/2021AHelen K. Rosenthal Administration City Charter Rule Adopted  Action details Meeting details Not available
8/26/2021AHelen K. Rosenthal City Council Sent to Mayor by Council  Action details Meeting details Not available
8/26/2021AHelen K. Rosenthal City Council Approved by CouncilPass Action details Meeting details Not available
8/26/2021*Helen K. Rosenthal Committee on General Welfare Hearing Held by Committee  Action details Meeting details Not available
8/26/2021*Helen K. Rosenthal Committee on General Welfare Amendment Proposed by Comm  Action details Meeting details Not available
8/26/2021*Helen K. Rosenthal Committee on General Welfare Amended by Committee  Action details Meeting details Not available
8/26/2021AHelen K. Rosenthal Committee on General Welfare Approved by CommitteePass Action details Meeting details Not available
4/30/2021*Helen K. Rosenthal Committee on Oversight and Investigations Laid Over by Committee  Action details Meeting details Not available
4/30/2021*Helen K. Rosenthal Committee on Oversight and Investigations Hearing Held by Committee  Action details Meeting details Not available
4/30/2021*Helen K. Rosenthal Committee on General Welfare Laid Over by Committee  Action details Meeting details Not available
4/30/2021*Helen K. Rosenthal Committee on General Welfare Hearing Held by Committee  Action details Meeting details Not available
4/22/2021*Helen K. Rosenthal City Council Referred to Comm by Council  Action details Meeting details Not available
4/22/2021*Helen K. Rosenthal City Council Introduced by Council  Action details Meeting details Not available

Int. No. 2284-A

 

By Council Members Rosenthal, Kallos, Gennaro, Yeger, Rivera, Louis, Brooks-Powers, Salamanca and Barron

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the department of social services and the department of homeless services to provide resources for contracted client service providers to deliver a survivor-centered response in addressing gender-based harassment and sexual assault

 

Be it enacted by the Council as follows:

Section 1. Chapter 1 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-146 to read as follows:

§ 21-146 Resources for client service providers and responses to complaints of gender-based harassment and sexual assault. a. Definitions. As used in this section, the following terms have the following meanings:

Complaint. The term “complaint” means a complaint made by:

1. A client of a contracted client service provider regarding an incident that occurred while receiving services; or

2. Staff of a contracted client service provider regarding an incident that occurred during the course of their employment.

Contracted client service provider. The term “contracted client service provider” means a person that has entered into a contract with the department or, for the purposes of subdivision e of this section, the department or the department of homeless services, to provide client services.

Survivor. The term “survivor” means a person who has experienced or reported gender-based harassment or sexual assault.

Survivor assistance organizations. The term “survivor assistance organizations” means a community-based organization that provides trauma-informed assistance to survivors who are experiencing homelessness.

b. Access to information and resources.

1. The New York city commission on human rights and the office to end domestic and gender-based violence shall make available survivor-centered, culturally relevant, and trauma-informed gender-based harassment and sexual assault information and resources to the department. In addition to other such relevant information and resources, the office to end domestic and gender based violence shall make available to the department a survivor resource guide. This survivor resource guide shall be updated at least annually by the office to end domestic and gender-based violence, in consultation with relevant survivor assistance organizations. The department shall compile such information and resources and make such information and resources accessible through the department’s website. In addition to the online survivor resource guide, the information and resources accessible through the department’s website shall include but not be limited to:

(a) Survivor hotlines;

(b) Information regarding community-based and agency programs, including family justice centers, social services, benefits assistance, housing assistance, legal services and healthcare services; and

(c) Any other information deemed relevant by the commissioner.

2. The department shall provide the information and resources compiled pursuant to paragraph 1 of this subdivision, including the online survivor resource guide, to contracted client service providers to support a survivor-centered, culturally relevant, and trauma-informed response to complaints of gender-based harassment or sexual assault.

c. Training. No later than 30 days after the effective date of the local law that added this section, the department shall make available through its website links to online training resources related to gender-based harassment and sexual assault that are survivor-centered, culturally relevant, and trauma-informed for contracted client service providers. Such training resources shall include the online anti-sexual harassment training offered by the New York city commission on human rights pursuant to subdivision 30 of section 8-107 and any other training resources that the department obtains and deems appropriate to include on its website.

d. Outreach. No later than 30 days after the effective date of the local law that added this section, the department shall make available to contracted client service providers outreach materials, including informational flyers and signage. The department shall advise such contracted client service providers to distribute such materials to staff and clients, and to post such materials in conspicuous locations that are visible to staff and clients.

e. Complaints.

1. Any complaints related to gender-based harassment or sexual assault made to the department or the department of homeless services shall be reviewed by designated and trained staff of the department, in consultation with the office to end domestic and gender-based violence, as appropriate. The department shall, no later than 24 hours after receiving a complaint, connect such survivor to information and resources that may include information about how to file a complaint of discrimination with the New York city commission on human rights. The department shall provide, or direct survivors to, additional follow up and resources as the department deems appropriate.

2. The department and the department of homeless services shall take steps to protect the privacy of a survivor, including, but not limited to, anonymizing, where appropriate, any interagency communication.

3. On or before July 31, 2022 and every six months thereafter, the department shall review, to the extent that such information is available to the department or the department of homeless services, all complaints of gender-based harassment or sexual assault made to the department or the department of homeless services against contracted client service providers and any settlements entered into or outcomes reached by such contracted client service providers in response to such complaints of gender-based harassment or sexual assault, if any, including whether any referrals were made to the police department or to survivor assistance organizations.

4. On or before January 31, 2022 and annually thereafter, the department shall submit a report to the speaker of the council summarizing any steps it has taken to establish procedures pursuant to the requirements of this section.

§ 2. Chapter 3 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-326 to read as follows:

§ 21-326. Resources for client service providers and responses to complaints of gender-based harassment and sexual assault.

a. As used in this section, the following terms have the following meanings:

Complaint. The term “complaint” has the meaning set forth in subdivision a of section 21-146.

Contracted client service provider. The term “contracted client service provider” means a person that has entered into a contract with the department to provide client services.

Survivor. The term “survivor” has the meaning set forth in subdivision a of section 21-146.

                     b. The department shall provide information and resources compiled by the department of social services pursuant to paragraph 1 of subdivision b of section 21-146 to contracted client services providers to support a survivor-centered, culturally relevant and trauma-informed response to complaints of gender-based harassment and sexual assault made by staff or clients.

                     c. No later than 45 days after the effective date of the local law that added this section, the department shall make available through its website the links to online training resources related to gender-based harassment and sexual assault that that the department of social services included on its website pursuant to subdivision c of section 21-146.

d. No more than 45 days after the effective date of the local law that added this section, the department shall make available to contracted client service providers outreach materials prepared by the department of social services pursuant to subdivision d of section 21-146. The department shall advise such contracted client service providers to distribute such materials to staff and clients, and to post such materials in conspicuous locations that are visible to staff and clients.

§ 3. This local law takes effect 120 days after it becomes law.

 

 

 

NLB/ACK

LS #17256                     

8/18/2021 111:45pm