BILL NUMBER: S7903
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the real property law and the public housing law, in
relation to ensuring safe housing transfers for domestic violence
victims
 
PURPOSE OR GENERAL IDEA OF BILL:
Provides domestic violence survivors living in affordable and public
housing the right to request emergency relocation to another unit owned
by the same landlord or public housing authority. This ensures continued
housing stability while prioritizing the safety of victims and prevent-
ing retaliation.
 
SUMMARY OF PROVISIONS:
Section 1 provides for the title of the act "safe housing transfer for
domestic violence victims act."
Section 2 provides for legislative findings and intent.
Section 3 amends the Real Property Law § 227-c, renumbering subdivision
6 as subdivision 7. Real Property Law § 227-c is amended by adding a new
subdivision 6 to create a right for tenants who are victims of domestic
violence to request a transfer to another available unit within the same
landlord's portfolio and a reasonable geographic proximity. It further-
more: (1) allows landlords to prioritize these transfers over non-emer-
gency requests; (2) prohibits landlords from retaliating against tenants
seeking relocation; (3) sets a 7-day deadline for landlords to respond
to transfer requests and provide available unit options; (4) provides
guidelines for equivalent and non-equivalent unit offerings and associ-
ated costs; (5) requires a written explanation to be provided if the
transfer request is denied; (6) enables a tenant to file a complaint if
a landlord violates these provisions.
Section 4 amends the Public Housing Law § 14 by adding two new subdivi-
sions 8 and 9 directing the commissioner to create rules and policies
supporting the establishment of similar emergency transfer rights for
tenants in public housing. It furthermore: (1) allows the request to be
oral or in writing; (2) requires public housing authorities to respond
to transfer requests within 7 days; (3) provides guidelines for equiv-
alent and non-equivalent unit offerings and associated costs; (4)
requires a written explanation to be provided if the transfer request is
denied.
 
JUSTIFICATION:
In late October 2024, a 15-year-old named Michael Raimondi was murdered
in his home by his mother's boyfriend, Fernando Jimenez. Michael's
brother, Matthew, and mother, Christina, were also shot that night'.
Since the shooting, Christina attempted to relocate apartments, which
the landlord was supportive of and willing to do. However, current law
made it impossible to do so. Therefore, the Raimondi family are forced
to continue living in the unit where the worst day of their lives
occurred.
In certain types of public housing, a domestic violence (DV) victim
requesting a transfer is not entitled to immediate priority transfer
unless there is a threat of imminent harm or a sexual assault has
occurred on the premises during the 90-calendar-day period preceding the
transfer request. Rather, the law requires that such requests for trans-
fer are considered in order of request along with other non-DV-related
transfers. This bill will enable DV victims to be considered as a prior-
ity during emergency transfers, even in the absence of the two above-
mentioned conditions, ensuring that their safety and well-being is put
first.
Ultimately, this bill would allow for landlords to prioritize relocation
victims of DV to another unit regardless of the determination of an
imminent threat. Furthermore, it would not require cumbersome documenta-
tion, but only a survivor's attestation that they are a DV victim, to be
presented together with an oral or written request for relocation2.
1. http://westchester.news12.com/somers-begins-to-heal-after triple-
shooting-vigil-announced-for-victims
2. The Paid Sick Leave Act (Labor Law § 196-b) offers a precedent for
this; the act requires domestic violence victims to provide an "oral or
written request" to obtain paid sick leave, and specifically prohibits
employers from requiring disclosure of confidential information relating
to absence of work due to domestic violence, a sexual offense, stalking,
or human trafficking as a condition of providing sick leave.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S7903: 14 public housing law