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 on October, 19th 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 3855/A.7748A
- Requiring Courts to Order the Search and Immediate Seizure of Firearms When a Defendant Willfully Refuses to Surrender Them 6363A/A.8102
- Requiring Judges Issuing an Order of Protection to Ask About the Presence of Firearms 6443B/A.8105B
- Requiring the Release of Individuals from Utility and Other Contracts in Instances of Domestic Violence 7157A/A.6207B
- Requiring Health Insurers to Provide Survivors of Domestic Violence with The Option of Providing Alternative Contact Information7263A/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 Programassists 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 acancellation 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.
New York State Office for the Prevention of Domestic Violence Executive Director Kelli Owens said, “When people think about domestic violence, they often think only about physical abuse. But other forms of abuse such as technology-assisted abuse, financial abuse, and stalking are just as dangerous and impactful for survivors. New York State’s assistance to all forms of abuse shows our commitment to services that are survivor-centered, trauma-informed, and culturally responsive. But for them to be useful, survivors and advocates need to know about them and we thank our colleagues at the Department of State for highlighting these resources during this important month.”
New York State Division of Consumer Protection – The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. Consumers can file a complaint with the Division of Consumer Protection on their website at https://dos.ny.gov/consumer-protection. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or follow DCP on social media on Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.
New York’s Address Confidentiality Program (ACP) – New York’s Address Confidentiality Program (ACP) allows Survivors of domestic violence, stalking, sexual offenses, and human trafficking to shield their address from their abuser. This free program is one tool that a victim may use in their overall safety plan. Once registered, participants are assigned a substitute address that they may use instead of their actual address. All state and local agencies are required to accept the substitute address. Any mail sent to a participant at the substitute address is processed by ACP staff and forwarded daily to the confidential location of the participant.
The program is available to Survivors of domestic violence, stalking, sexual offenses, and human trafficking who have moved or are planning to move for safety reasons. Other members of the same household (children, partners, parents or siblings) are also eligible to participate. For more, visit the ACP webpage at https://dos.ny.gov/address-confidentiality.
The Office for the Prevention of Domestic Violence -The Office for the Prevention of Domestic Violence (OPDV), created in 1992, is the country’s only executive level state agency dedicated to the issue of domestic violence. It replaced the former Governor’s Commission on Domestic Violence established in 1983.
The NYS Office for the Prevention of Domestic Violence’s work is completed under four main bureaus: Sexual Assault Prevention, Policy, and Programming; Domestic Violence Prevention, Policy, and Programming; External Affairs, and Law and Public Safety.
To find more protections for New Yorkers suffering from domestic violence, visit the OPDV website at https://opdv.ny.gov/.
New York State’s Domestic and Sexual Violence Hotline provides free, confidential support 24/7 and is available in most languages: 800-942-6906 (call), 844-997-2121 (text) or @opdv.ny.gov (chat).
