A 9005: Establishes a waiver program allowing a domestic violence residential program to apply to the office of children and family services for a waiver enabling a victim of domestic violence to remain at the program's shelter for a period exceeding one hundred and eighty days.

  
  STATE OF NEW YORK ________________________________________________________________________ 9005 2025-2026 Regular Sessions  IN ASSEMBLY August 13, 2025 ___________ Introduced by M. of A. SLATER -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to establishing a waiver program allowing for longer stays at domestic violence shelters The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 459-b of the social services law, as amended by 2 chapter 7 of the laws of 2016, is amended to read as follows: 3 § 459-b. Residential services for victims of domestic violence. 1. In 4 accordance with section one hundred thirty-one-u of this chapter and the 5 regulations of the office of children and family services, a social 6 services district shall offer and provide necessary and available emer- 7 gency shelter and services for up to ninety days at a residential 8 program for victims of domestic violence to a victim of domestic 9 violence who was residing in the social services district at the time of 10 the alleged domestic violence whether or not such victim is eligible for 11 public assistance. Two forty-five day extensions of necessary and avail- 12 able emergency shelter may be granted beyond the maximum length of stay 13 at a residential program for victims of domestic violence for residents 14 who continue to be in need of emergency services and temporary shelter. 15 If the victim of domestic violence has a service animal as such term is 16 defined in section one hundred twenty-three-b of the agriculture and 17 markets law, or therapy dog as such term is defined in section one 18 hundred eight of the agriculture and markets law, respectively, such 19 service animal or therapy dog shall be allowed to accompany the victim 20 at the residential program authorized pursuant to this section, so long 21 as such accompaniment would not create an undue burden as defined by 22 section two hundred ninety-six of the executive law. 23 Where such accompaniment would constitute an undue burden, the resi- 24 dential program shall make reasonable efforts to facilitate placement of 25 such animal at an off-site animal care facility or if reasonable efforts EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07862-02-5 
 A. 9005 2 1 fail, provide referral to one or more off-site animal care facilities. 2 Such off-site animal care may include, but not be limited to, boarding 3 at a veterinary hospital or under the auspices of a duly incorporated 4 humane society, or duly incorporated animal protection association 5 approved for such purpose by the department of agriculture and markets. 6 2. (a) Notwithstanding the duration of stay limitations set forth in 7 subdivision one of this section, a social services district, through the 8 office of children and family services, will grant waivers allowing 9 domestic violence residential programs to serve victims who need a 10 length of stay in excess of the maximum one hundred eighty days upon a 11 showing that circumstances prevent such victims from moving to safe, 12 alternative housing, and require the length of stay to be exceeded. 13 (b) A domestic violence residential program shall apply to the office 14 of children and family services for a waiver enabling a victim of domes- 15 tic violence to remain at the program's shelter for a period exceeding 16 one hundred eighty days; provided that, no such waiver shall allow for a 17 stay that shall exceed an additional ninety days. Such residential 18 program shall make a written request for a waiver by emailing the social 19 services district. A waiver must be requested by the residential program 20 for each resident requiring a stay in excess of one hundred eighty days. 21 (c) When applying for a waiver, the domestic violence residential 22 program shall include a description of the following: 23 (i) the circumstances leading to the request; 24 (ii) the length of the waiver requested; 25 (iii) if and how the request will affect the program's ability to 26 continue to provide services. 27 (d) Requests for a waiver will be reviewed and decided by the office 28 of children and family services within two business days of receipt of 29 the request. The office of children and family services will email both 30 the domestic violence residential program and the social services 31 district or districts that contract with the domestic violence program 32 to advise of any approved waivers. The granting of a waiver shall not 33 affect the process for obtaining reimbursement for emergency shelter. 34 Once a waiver for an extended length of stay is granted, a social 35 services district shall, in accordance with the provisions of section 36 one hundred thirty-one-u of this chapter, provide timely reimbursement 37 for the entirety of such length of stay. 38 3. Nothing in this section shall be construed to limit any rights or 39 obligations provided pursuant to federal or state law, including but not 40 limited to providing reasonable accommodations for individuals with 41 disabilities. 42 § 2. This act shall take effect on the ninetieth day after it shall 43 have become a law. Effective immediately, the addition, amendment and/or 44 repeal of any rule or regulation necessary for the implementation of 45 this act on its effective date are authorized to be made and completed 46 on or before such effective date.