N.Y. Comp. Codes R. & Regs. tit. 18 § 408.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 408.2 - Definitions

The following definitions apply to this Part:

(a) Alternative housing means a transitional service program as defined in subdivision (h) of this section or permanent housing that reasonably assures the victims' safety.

(b) Approved per diem rate means the daily rate of reimbursement established by the department and approved by the director of the budget for a residential program for victims of domestic violence. This rate will be payable by the social services district in which a victim of domestic violence was residing at the time of the domestic violence incident whenever such a victim and whenever any minor children of such victim receive temporary shelter, emergency services and care at such a program.

(c) Domestic violence safe dwelling means a self-contained residence which is owned, leased, rented or otherwise under the direct control and supervision of a domestic violence program sponsoring agency; meets the daily living needs of the residents; has a capacity of nine or fewer persons including adults and children; is secured as specified in section 455.8 of this Title; has been designated by the domestic violence program sponsoring agency to provide temporary shelter exclusively to victims of domestic violence; and has been approved by a domestic violence program sponsoring agency pursuant to the standards contained in Part 455 of this Title.

(d) Resident means any victim of domestic violence, as defined in subdivision (h) of this section, who receives temporary shelter, emergency services and care in a residential program.

(e) Residential program for victims of domestic violence means any residential program approved by the department and operated by a not-for-profit organization for the purpose of providing temporary shelter, emergency services and care to victims of domestic violence. Residential programs include:

(1) domestic violence shelters which are congregate residential facilities with a capacity of 10 or more persons, including adults and children, organized for the exclusive purpose of providing temporary shelter and emergency services and care to victims of domestic violence and their minor children, if any. Domestic violence shelters are approved by the department in accordance with Parts 452 and 453 of this Title;

(2) domestic violence programs which are facilities which would meet the definition of domestic violence shelters, except that victims of domestic violence and their minor children, if any, constitute less than 100 percent but at least 70 percent of the clientele of such programs. The remaining 30 percent of the clientele of such programs may only consist of persons who will not be disruptive of the provision of services and will not jeopardize the safety and well-being of the residents. Domestic violence programs are approved by the department in accordance with Parts 452 and 453 of this Title;

(3) safe home networks which are organized networks of private homes offering temporary shelter and emergency services to victims of domestic violence and their minor children, if any, and are coordinated by a not-for-profit organization and approved by the department in accordance with Parts 452 and 454 of this Title; and

(4) domestic violence program sponsoring agencies which are not-for-profit organizations offering temporary shelter at a domestic violence safe dwelling and emergency services and care to victims of domestic violence and their minor children, if any. Domestic violence program sponsoring agencies are approved by the department in accordance with Parts 452 and 455 of this Title.

(f) Safe home means a self-contained private residence which is owned, leased, rented, or otherwise under the direct control of a single person or family or two or more unrelated persons which has been approved by a safe home network for the purpose of providing temporary shelter to victims of domestic violence and their minor children, if any.

(g) A transitional service program is temporary housing for victims of domestic violence which provides:

(1) an independent living arrangement in a congregate facility or a self-contained unit with a length of stay requirement of more than 90 consecutive days; and

(2) housing assistance and other support services designed to prepare residents for permanent housing.

(h) Victim of domestic violence means any person 16 years of age or older, any married person or any parent accompanied by his or her minor child or children in situations in which such person or such person's child is a victim of an act which would constitute a violation of the Penal Law, including, but not limited to acts constituting disorderly conduct, harassment, menacing, reckless endangerment, kidnapping, assault, attempted assault, or attempted murder; and:

(1) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and

(2) such act or acts are, or are alleged to have been, committed by a family or household member.

(i) For purposes of subdivision (h) of this section, family or household members means the following individuals:

(1) persons related by blood or marriage;

(2) persons legally married to one another;

(3) persons formerly married to one another regardless of whether they still reside in the same household;

(4) persons who have a child in common regardless of whether such persons are married or have lived together at any time;

(5) unrelated persons who are continually or at regular intervals living in the same household or who have in the past continually or at regular intervals lived in the same household; or

(6) unrelated persons who have had intimate or continuous social contact with one another and have access to one another's household.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 408.2