Int. No. 1175
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 domestic violence survivors in divorce proceedings
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 21 of the administrative code of the city of New York is amended by adding a new section 21-153 to read as follows:
§ 21-153 Civil legal services program for domestic violence survivors. a. Definitions. As used in this section, the following terms have the following meanings:
Coordinator. The term “coordinator” means the coordinator of the office of civil justice.
Designated organization. The term “designated organization” means a not-for-profit organization or association contracted to provide full legal representation 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.
Domestic violence survivor. The term “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 as such term is defined in section 459-a of the social services law.
Full legal representation. The term “full legal representation” means ongoing legal representation provided by a designated organization to a domestic violence survivor. This includes all legal advice, advocacy, and assistance associated with such representation.
Program. The term “program” means the civil legal services program for domestic violence survivors established by this section.
b. Program. 1. No later than 1 year after the effective date of the local law that added this section, the coordinator shall implement a program to provide full legal representation for domestic violence survivors in divorce proceedings.
2. Any full legal representation commenced pursuant to the program shall continue until the final disposition of the divorce proceeding.
3. Full legal representation 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.
4. The provision of any full legal representation pursuant to the program created by this section shall be subject to appropriation.
c. Training. The coordinator shall work with the office to end domestic and gender-based violence 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 domestic violence survivors in divorce proceedings. Such written materials shall be posted online and made available at family justice centers and other locations, as practicable, in the designated citywide languages, as defined in section 23-1101.
e. Report. No later than 2 years 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 domestic violence survivors who requested to receive full legal representation through the program;
2. The total number of domestic violence survivors who requested to receive full legal representation through the program and did not receive such full legal representation, and the reasons why;
3. The total number of domestic violence survivors who have received full legal representation through the program whose divorce proceeding has 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 domestic violence survivors who have received full legal representation through the program whose divorce proceeding is 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 immediately.
JEF
LS #17313/17316
1/7/2025 9:30 AM