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Memorandum in Support
Protect Victims of Domestic Violence and Stalking from
Housing Discrimination

 S.4112-Spano/A.6282-Destito

The New York State Chapter of the National Association of Social Workers strongly urges you to bring S.4112 to a vote before the full Senate.

Victims of domestic violence face enormous housing challenges when they attempt to break free of an abuser.  For many women who are abused, domestic violence and homeless shelters offer a crucial source of safe housing.  However, such programs are crisis-oriented and offer victims only a temporary, short-term solution to their housing needs.  In some parts of the state shortages of available bed space may render even emergency domestic violence program-based shelter unavailable to some victims in need.  Women who live in some rural communities may be forced to travel to another town or even county to access emergency shelter services.  The combination of these various forms of emergency shelter shortages, lengthy waiting lists for public housing, and limited vouchers for housing subsidies conspire to make it increasingly difficult for victims around the state to locate and maintain safe and permanent housing, thus placing abused women and their children at serious risk of homelessness.  A recent survey conducted by the U.S. Conference of Mayors documented this problem, finding that homelessness is often a direct result of domestic violence.[1]

Studies clearly indicate that housing discrimination is a widespread problem for women who are abused.   A 1999 study by the National Resource Center on Domestic Violence found that 67% of domestic violence service providers identified housing discrimination as a barrier to women who are abused.  Alarmed by national reports of housing discrimination against victims of domestic violence, in February 2003 the American Bar Association issued a Report to the House of Delegates indicating its support of federal state, territorial, and local legislation that would prohibit such forms of housing discrimination.[2]   

As a result of various discriminatory practices, women who have found safety in a domestic violence program often face the greatest discrimination when they take the next step and begin the search for safe, permanent, and affordable housing that will allow them to leave the shelter and successfully re-enter the community.  They regularly face eviction based upon violent and criminal acts of their abusers or because they seek assistance and protection from law enforcement or the courts.  Current or potential landlords and individuals selling or leasing property will often discriminate against these women and their children when they learn of their personal circumstances. In some cases, victims have been told by their landlords that if they do not divorce their abuser, they will be evicted.[3] 

 In effect, practices such as these blame and punish the victim for the violent acts of a third-party abuser against whom she wields no control.  Without a doubt, such discriminatory actions have an overall chilling effect on women across the  state who reasonably fear that calling the police for help or taking other measures to protect themselves and their children will result in an eviction or an inability to secure safe stable housing for the family. 

Summary of the Bill:  

Existing laws in New York do not adequately protect these victims.  S.4112 Spano/A.6282 Destito would address this problem by prohibiting housing discrimination against victims of domestic violence and stalking.  The bill would have no fiscal impact on the state. Specifically, this bill would amend the Executive Law §§292 and 296 (the Human Rights Law) to include domestic violence or stalking victim status to the list of bases that cannot be used to deny an individual the right to purchase, rent, lease, or otherwise inhabit private or publicly-assisted housing accommodations.  This bill also prevents inquiry into domestic violence victim status where the person is seeking to rent or lease at any publicly assisted housing program.   Furthermore, this law would prevent a seller or landlord or any third-party agents from obtaining or providing information related to the domestic violence victim status of a potential purchaser or renter.           

This bill seeks to incorporate and, essentially, codify a 1985 Attorney General Formal Opinion (85-F15) that recognized that barring rental to domestic violence victims would have a disproportionate impact on women.  The Opinion also determined that a victim of domestic violence should not be denied housing accommodation based upon the actions of a violent third party.  Landlords and sellers of property should not be permitted to discriminate against domestic violence victims based upon assumptions about the effect that their tenancy or home ownership may have on property or other persons.  The denial of tenancy or sale of property, eviction, or the imposition of special rules and conditions upon the victim as a condition of occupancy are all punitive and discriminatory practices this bill seeks to curtail.    

The New York State Chapter of the National Association of Social Workers strongly supports this bill.