Lawyers Manual - Unified Court System

296 Amy E. Schwartz and Sharon Stapel
128. Note: It may also be unlawful sex discrimination under the federal Fair
Housing Act to engage in evictions of domestic violence survivors as most
survivors, statistically, are women and such policies may have a disparate
impact upon females. See Bouley v Young Sabourin, 2005 WL 950632
(D Vt 2005). In 2005, Westchester County passed a local law prohibiting
discrimination against domestic violence victims in both private and public
housing. Laws of Westchester County § 700.02.
129. 42 USC §§ 1437d(u)(1)(A),(C); 42 USC §§ 1437f(ee)(1)(A),(C).
130. Id. Note that the survivor has at least fourteen business days to provide this
documentation.
131. See 42 USC §§ 1437d(u)(2)(A); 42 USC §§ 1437f(ee)(2)(A).
132. Jiggetts v Grinker, 75 NY2d 411 (1990). There are also “Jiggetts-like”
lawsuits currently pending in Westchester, Nassau, and Suffolk counties.
133. Many advocates familiar with Jiggetts relief, which has been in effect for
over a decade, assume this is a permanent housing option. Within the next
two years, Jiggetts will be replaced by the Family Eviction Prevention
Supplement (FEPS).
134. 18 NYCRR § 352.3(a)(3); 03 ADM-7, at 9.
135. The details of each of these enacted plans are available on line at the
Empire Justice Center’s website,
http://www.empirejustice.org/MasterFile/IssueAreas/PublicBenefits/
CashAssistance/ShelterSupplements.htm (last visited June 19, 2006). Each
county has a different name for its supplement plan programs.
136. See Office of Temporary and Disability Assistance Policy Directive
05-21-ELI (May 27, 2005).