Section 21-130. Shelter and related services for victims of domestic violence  


Latest version.
  • a. The city shall provide emergency  shelter  and/or  related  services  to  victims  of  domestic  violence  to the extent required by
      sections 131-u and 459-a  of  the  social  services  law.  A  victim  of
      domestic  violence  shall  include  any  person  over the age of 16, any
      married person, or any parent accompanied by his or her minor  child  or
      children,  in  situations in which such person, parent or person's child
      is a victim of an act which would constitute a violation  of  the  Penal
      Law, including, but not limited to acts constituting disorderly conduct,
      harassment,   menacing,   reckless  endangerment,  kidnapping,  assault,
      attempted assault, or attempted murder; and
        (1) such act or acts have resulted in  actual  physical  or  emotional
      injury  or have created a substantial risk of physical or emotional harm
      to such person or such person's child; and
        (2) such act or acts are or are alleged to have been  committed  by  a
      family or household member.
        Notwithstanding  any  other  provision  of  this  section,  "Family or
      household members" shall mean the following individuals:
        (i) persons related by blood or marriage;
        (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 are married or have lived together at any time;
        (v) unrelated persons who are  continually  or  at  regular  intervals
      living  in  the same household or who have in the past continually or at
      regular intervals lived in the same household; or
        (vi) unrelated persons who have  had  intimate  or  continuous  social
      contact with one another and who have access to one another's household.
        b. Victims of domestic violence who apply for emergency shelter and/or
      related  services  pursuant  to section 131-u of the social services law
      may not be denied emergency shelter or related services solely based  on
      lack of documentary evidence of the incidence of domestic violence, such
      as a police report or order of protection.