Proposed Int. No. 1175-A
By Council Members Menin, Farías, De La Rosa, Ariola, Schulman, Lee, Louis, Restler, Brannan, Ayala, Ung and Banks
A Local Law to amend the administrative code of the city of New York, in relation to civil legal services for income-eligible domestic violence survivors in divorce proceedings
Be it enacted by the Council as follows:
Section 1. Subchapter 8 of chapter 1 of title 3 of the administrative code of the city of New York is amended by adding a new section 3-188 to read as follows:
§ 3-188 Civil legal services program for income-eligible domestic violence survivors. a. Definitions. For purposes of this section, the following terms have the following meanings:
Brief legal assistance. The term “brief legal assistance” means individualized legal assistance provided in one or more single consultations by a designated organization to an income-eligible domestic violence survivor in connection with a divorce proceeding.
Coordinator. The term “coordinator” means the coordinator of the office to end domestic and gender-based violence.
Designated organization. The term “designated organization” means a not-for-profit organization or association contracted to provide full legal representation or brief legal assistance pursuant to the program established by this section.
Divorce proceeding. The term “divorce proceeding” means any action for divorce or special action as described in sections 170 and 170-a of the domestic relations law.
Full legal representation. The term “full legal representation” means ongoing legal representation provided by a designated organization to an income-eligible domestic violence survivor. Such term includes all legal advice, advocacy, and assistance associated with such representation.
Income-eligible domestic violence survivor. The term “income-eligible domestic violence survivor” means any individual who is covered by the term “victim of domestic violence” as such term is defined in section 8-102 or in section 459-a of the social services law, who is a resident of the city of New York aged 18 or older, and whose annual gross household income is not in excess of 250 percent of the federal poverty guidelines as updated periodically in the federal register by the United States department of health and human services pursuant to subsection 2 of section 9902 of title 42 of the United States code.
Program. The term “program” means the civil legal services program for income-eligible domestic violence survivors established by this section.
b. Program. 1. Subject to appropriation, the coordinator shall implement a program to provide full legal representation and brief legal assistance for income-eligible domestic violence survivors in divorce proceedings in the city.
2. Any full legal representation commenced pursuant to the program shall continue until the final disposition of the divorce proceeding.
3. Full legal representation or brief legal assistance performed by a designated organization pursuant to the program shall not supplant, replace, or satisfy any obligations or responsibilities of such designated organization pursuant to any other program, contract, or agreement.
c. Training. The coordinator shall work with the department of social services and office of civil justice to provide training and resources to designated organizations on topics related to domestic and gender-based violence, including training on economic abuse and trauma-informed engagement practices.
d. Outreach. The coordinator shall create written materials that contain information about the program, any interpretation services that are available in divorce proceedings, and any other free or low-cost legal services or resources available for income-eligible domestic violence survivors in divorce proceedings. Such written materials shall be posted online and made available at family justice centers, as such term is defined in section 3-180, and other locations, as practicable, in the designated citywide languages, as such term is defined in section 23-1101.
e. Report. No later than 1 year after the effective date of the local law that added this section, and annually thereafter, the coordinator shall submit to the mayor and the speaker of the council a report on the program. Such report shall include, but need not be limited to, the following for the preceding year:
1. The total number of income-eligible domestic violence survivors who requested to receive full legal representation or brief legal assistance through the program;
2. The total number of income-eligible domestic violence survivors who requested to receive full legal representation or brief legal assistance through the program and did not receive such full legal representation or such brief legal assistance, and the reasons why;
3. The total number of income-eligible domestic violence survivors who have received full legal representation through the program whose divorce proceedings have been concluded, including whether each such divorce proceeding was contested or uncontested, and the total amount of fees paid for each such full legal representation;
4. The total number of income-eligible domestic violence survivors who have received full legal representation through the program whose divorce proceedings are ongoing, including whether each such divorce proceeding was contested or uncontested, and the total amount of fees paid for each such full legal representation;
5. The total amount of fees paid to designated organizations;
6. Any challenges in implementing or operating the program; and
7. The total estimated amount of funding required for the program for the upcoming year.
f. Private right of action. Nothing in this section or the administration or application thereof shall be construed to create a private right of action on the part of any person or entity against the city or any agency, official, or employee thereof.
§ 2. This local law takes effect 180 days after it becomes law.
JEF/PR
LS #17313/17316
7/2/2025 7:45 PM