N.Y. Comp. Codes R. & Regs. tit. 18 § 452.2

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

Section 452.2 - Definitions

For the purpose of this Part, the following definitions apply:

(a)Domestic violence programs are facilities which would meet the definition of domestic violence shelter, except that victims of domestic violence and their minor children, if any, constitute 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. For the purposes of this Title, a domestic violence program may also be referred to as a mixed occupancy shelter.

(b)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 sponsoring agency, and has a capacity of nine or fewer persons including adults and children, is secured as specified in section 455.8 of this Title, and has been designated by the domestic violence sponsoring agency to provide temporary shelter exclusively to victims of domestic violence.

(c)Domestic violence shelters 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.

(d)Domestic violence sponsoring agencies are not-for-profit organizations offering temporary shelter at a domestic violence safe dwelling and emergency services to victims of domestic violence and their minor children, if any.

(e)Emotional support or comfort animals include animals that may provide a sense of safety, companionship or comfort to their owners but are not trained to perform specific tasks related to a person's disability.

(f)Not-for-profit organization means any organization which is a public agency or incorporated as a not-for-profit corporation or religious corporation under the laws of this State or which provides care and services in this State and has been granted Federal tax-exempt status.

(g)Office means the New York State Office of Children and Family Services.

(h)Parent means a natural or adoptive parent or any individual lawfully charged with a minor child's care or custody.

(i)Person with a disability means a person who has:

(1) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; or

(2) a record of such impairment; or

(3) a condition regarded by others as such an impairment.

(j) Personally identifying information or personal information is individually identifying information for or about an individual, including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including:

(1) a first and last name;

(2) a home or other physical address;

(3) contact information (including a postal, email or internet protocol address, or telephone or facsimile number);

(4) a social security number, driver license number, passport number, or student identification number; and

(5) any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual.

(k) Provider means the operator or, if applicable, applicant for an operating certificate of any residential program for victims of domestic violence.

(l)Publicly funded emergency shelter for families with children means any facility with overnight sleeping accommodations and that is used to house recipients of temporary housing assistance and which houses or may house children and families with children.

(m)Reasonable accommodation for a disability means actions taken to modify existing policies, procedures or practices which permits a domestic violence victim or his/her child with a disability to have meaningful access to emergency services and/or temporary shelter as a victim of domestic violence, and which do not impose an undue burden on the residential program for victims of domestic violence.

(n)Resident means any victim of domestic violence who receives temporary shelter and emergency services in a residential program for victims of domestic violence.

(o)Residential program for victims of domestic violence, residential program, or program means any residential program approved by the office 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 for victims of domestic violence include: domestic violence shelter, domestic violence mixed occupancy shelter, domestic violence sponsoring agencies, and safe home networks.

(p)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.

(q)Safe home network means an organized network of private homes offering temporary shelter and emergency core services as defined in section 452.12 of this Part to victims of domestic violence as defined in subdivision (t) of this section, and their minor children, if any. Such network must be coordinated by a not-for-profit organization.

(r)Service animal means an animal that has been partnered with a person with a disability, or is being trained, by a qualified person, to aid or guide a person with a disability. The tasks or work the animal does must be directly related to the person's disability. "Service Animal" does not include emotional support or comfort animals or therapy dogs, as such terms are defined in this Part.

(s)Therapy dog means any dog that is trained to aid the emotional and physical health of patients in hospitals, nursing homes, retirement homes, or other settings, and is actually used for such purpose.

(t)Victim of domestic violence means any person over the age of 16, any married person or any parent accompanied by his/her minor child(ren) or dependents 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, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, strangulation, identity theft, grand larceny or coercion; or through acts including and not limited to, intimidation, coercive control, emotional and psychological abuse and behavior, expressive and psychological aggression, financial abuse, harassment, tormenting behavior, disturbing or alarming to such person or such person's child; 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. Family or household members means the following individuals:

(i) persons related by blood or marriage;

(ii) persons legally married to one another;

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

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

(v) 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

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

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.2

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff. 4/1/2020