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

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.

Secretary of State, Robert J. Rodriguez said, "Domestic violence does not discriminate and is prevalent in every community regardless of age, sexual orientation, gender or socio-economic status. Knowing what help is out there can equip survivors with avenues to get out of an abusive and dangerous relationship. The Division of Consumer Protection and the Address Confidentiality Program want people to know that they have rights as New Yorkers and assistance when they need it."

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 Office of Temporary and Disability Assistance Commissioner Daniel W. Tietz said, "The Address Confidentiality Program provides an important service for survivors of domestic violence and human trafficking. We welcome the opportunity to highlight that this help is available and it is especially relevant as we mark Domestic Violence Awareness Month."

State Senator Kevin Thomas said, "Privacy and safety go hand-in-hand for domestic violence survivors concerned about protecting their personal information and themselves from future harm. In New York State, we are proud to support and empower survivors through assistance programs and consumer regulations in place to protect the most vulnerable. During Domestic Violence Awareness Month, we want to remind New Yorkers that these resources are always available to those who need it. I thank Governor Hochul for signing expanded protections into law, and for prioritizing confidentiality and information alternatives for survivors who can be assured that they will be safe in New York."

Assemblymember Nily Rozic said, "No survivor should have to give up their right to vote in order to protect themselves from abuse. This law will ensure that survivors of domestic violence have a fair and straightforward way to keep their voter registration details confidential enabling them to vote without fear. I applaud Governor Hochul for signing and highlighting this crucial package of protections to ensure and bolster the safety of all New Yorkers."

About the 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.

About 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.

About 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).