Governor Hochul Announces Additional Programs Aimed at Protecting Domestic Violence Survivors and Their Advocates

 Program Raises Awareness of Additional Consumer Protections in the New York State Marketplace for Domestic Violence Survivors

Additional Consumer Protections Follow Governor Hochul's Signing of Five Bills into Law on Tuesday Further Protecting Domestic Violence Survivors

View Proclamation Declaring October as Domestic Violence Awareness Month Here

 Governor Kathy Hochul today announced additional programs aimed at supporting domestic violence survivors as part of the New York Department of State's Division of Consumer Protection and Address Confidentiality Program. The announcement comes in the midst of Domestic Violence Awareness Month, which serves as an opportunity to highlight this important issue and raise awareness while continuing to support domestic violence survivors. On Tuesday, Governor Hochul signed a comprehensive package of legislation that strengthened protections for survivors of domestic and gender-based violence by ensuring guns are seized from abusive partners and protecting the confidentiality of survivors.

"Preventing domestic violence and supporting survivors of abuse is a mission that has been a lifelong journey for generations of women in my family," Governor Hochul said. "With the bills I signed into law yesterday and resources from our Division of Consumer Protection, the New York Department of State, the Address Confidentiality Program and the Office for the Prevention of Domestic Violence, we are continuing to empower and lift up those who have suffered at the hands of others by helping them to transition into safer, more secure lives."

Yesterday, the Governor signed the below package of legislation:

• Authorizing Voting Registration Records of Survivors of Sexual Violence to Be Kept Confidential in Certain Cases S.3855/A.7748A 

• Requiring Courts to Order the Search and Immediate Seizure of Firearms When a Defendant Willfully Refuses to Surrender Them S.6363A/A.8102  

• Requiring Judges Issuing an Order of Protection to Ask About the Presence of Firearms S.6443B/A.8105B  

• Requiring the Release of Individuals from Utility and Other Contracts in Instances of Domestic Violence S.7157A/A.6207B  

• Requiring Health Insurers to Provide Survivors of Domestic Violence with The Option of Providing Alternative Contact Information S.7263A/A.2519A  

The following rights and protections are available to New York State domestic violence survivors:   

• Address Confidentiality: If you are a New York State resident and victim of domestic violence, stalking, sexual offenses, or human trafficking who has moved or are planning to move for safety reasons, the Department of State Address Confidentiality Program assists with shielding an address from an abuser, at no cost to the victim. DV Survivors can also provide alternate address information for their telephone services directly through their service provider to prevent their abusers from finding out their actual address. 
• Telephone, cable, and satellite service contract opt out:  DV Survivors can request an opt-out of their service contract, in writing, at no charge if they are a victim of domestic violence. 
• Identity Theft: Identity theft can be a challenge for DV Survivors, but regularly examining credit reports, setting up fraud alerts and checking bank records are three tools to assist Survivors in preventing identity theft. Learn more here. 
• Insurance: NYS Insurance Law prohibits any insurance policy providers from discriminating against someone specifically because they are a DV victim. 
• Smart Technology: NYS law allows DV orders of protection to include prohibitions against remotely controlling any DV Survivors connected devices. 
• Workplace Protections: Survivors of DV, family offenses, or human trafficking cannot be discriminated against for using leave accruals for sick time, family sick time, or safe time related to such matters. Learn more here. 
• Alternative Contact Information: Requires health insurers to provide an insurer or subscriber who is a victim of domestic violence, upon request of such insurer or subscriber, with the option to designate alternative contact information for the purpose of receiving specific claim information or for specific billing purposes. 
• Rental Lease Protections (Real Property Law, sections 227-c and 227-d, and the Human Rights Law): 

• Lease Termination: A DV victim may terminate a residential lease to support their safety, without liability, if they provide the landlord with a written 30-day notice. Then within 25 days of the written notice, the DV victim must provide documentation to the landlord affirming their DV status. Qualifying DV victim status documentation includes: a (1) valid DV incident report, (2) police report, (3) a valid order of protection, (4) a signed affidavit from a certified medical professional, or (5) a signed and notarized affidavit from qualified third party to include any law enforcement officer; employee of a NYS court; attorney, physician, psychiatrist, psychologist, social worker, registered nurse, therapist, or clinical professional counselor licensed to practice in any state; person employed by a government or non-profit domestic violence services agency or any member of the clergy of a church or religious society or denomination 
  • Discrimination Prohibited: Residential landlords cannot discriminate against a person or their accompanied child(ren) who are Survivors of either a criminal act or family offense of domestic violence. DV Survivors who are discriminated against may initiate a civil claim in court and may be awarded up to $2,000 and attorney's fees. 
  • Evictions Prohibited: Residential landlords cannot evict a person or their accompanied child(ren) who are Survivors of either a criminal act or family offense of domestic violence. If a proceeding for eviction begins, a victim may produce evidence of the offense as a defense to the court. This protection does not apply to owner-occupied housing with two or fewer units. The protection also does not apply if the landlord provides other valid reasons for the eviction. 

• Membership Campground Contracts: Although a cancellation period for a membership campground may have passed, DV Survivors can cancel their contract by submitting to the membership campground operator any one of these four DV status affirming documents : a (1) valid DV incident report, (2) police report, (3) a valid order of protection, or (4) a signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of his or her employment, social worker, a rape crisis counselor or DV advocate.