Office for the Prevention of Domestic Violence

Law

Summary of New York State Domestic Violence and Related Laws by Subject (beginning from 1995)

Subject Categories

Housing
Housing Discrimination - A.6354-B Peoples-Stokes/S.5 Robach

Prohibits discrimination in housing based on domestic violence status.  Includes renting, terms or conditions of rental and eviction.  Establishes a task force to study the impact of source of income and gender on access to housing.  The task force will also review the Section 8 Housing Choice Voucher Administrative Plan, including voucher portability and its impact on domestic violence victims, and make recommendations for improvement.

Signed:  October 21, 2015 Chapter 366

Effective: January 9, 2016

Amends: Real Property Law to add §227-d and Real Property Actions and Proceedings Law to add §744

Protections for Victims in Rent-Regulated Apartments  (A.2365-A /S.3317-A Oppenheimer)
Amends NYC Code and various sections of NYS law that govern rent-regulated housing, to permit domestic violence victims to maintain their rental unit as their primary residence if they have left the unit because of the violence.  To be eligible under this new provision, the tenant must be a victim of domestic violence, as defined in Social Services Law §459-a, and must state an intent to return to live in the unit.

Signed: 2010 Chapter 422

Effective:  August 30, 2010

Amends:  NYC Administrative Code: §§26-403(e)(2)(i)(10); 26-502(a)(1)(f)

NYS unconsolidated law:  section 4(5)(a)(11) of Chapter 576 of the Laws of 1974 (Emergency Tenant Protection Act of 1974; section 2(2)(1) of Chapter 274 of the laws of 1946 (Emergency Housing Rent Control Law)

Residential Lease Termination - Amendment  (A.9244 Heastie/S.6351 Robach - Chapter 616)

The residential lease termination bill was signed into law on June 4, 2007 (see Chapter 73, below).  It was amended on August 15, 2007. Together, the original law and the amendment authorize courts to issue orders terminating the lease or rental agreement of a domestic violence victim who has obtained an order of protection and can prove that she is at substantial risk if she remains in the dwelling. The law requires multiple procedural steps:

  1. the victim must first request that the landlord release him/her from the lease
  2. the victim’s financial obligations to the landlord must be satisfied
  3. the victim must give notice to the landlord and any co-tenant
  4. the lease may be bifurcated between the co-tenant and the victim, if the co-tenant does not object

The provisions of the law went into effect on October 1, 2007.

Amends:  Real Property Law §§227-c(2); 227-c(3)

Criminal Procedure Law §530.13(1)

Domestic Relations Law §240(3)

Residential Lease Termination Orders  (A.3386 Heastie/S.1922 Robach - Chapter 73)

Creates a process for a domestic violence victim to terminate a lease or rental agreement. See Chapter 616, above.   

Amends:  Real Property Law §227-c

Criminal Procedure Law §530.12(1)

Family Court Act §§446; 656; 842; 1056(5)

Foreclosure Protection  (A.11200 Weinstein/S.7318 Lack)

Prohibits foreclosure on a mortgage used to secure fee payment in a matrimonial action. Will protect victims who owe an attorney for representation in a divorce by not allowing their home to be foreclosed on as a way for the attorney to collect payment.

Signed: 2002 Chapter 71

Effective: May 21, 2002

Unconsolidated law