Lawyers Manual - Unified Court System
Lawyers Manual - Unified Court System 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).
Identifying Domestic Violence Despite ongoing progress in addressing domestic violence issues, an American Bar Association survey concluded that “most members of the private bar do not identify those among its clients who are victims of abuse” and that the judiciary is “largely uninformed about domestic violence. . . .”1 Given these constraints, any consideration about how to implement tort remedies for battered women2 must begin with a willingness to undertake this particular kind of work, which is not always valued or encouraged by the legal community. The practitioner should be aware that “. . . the atmosphere in family court and within the family bar can still be hostile to claims of violence when it means risking the ire of some of their colleagues, perhaps facing hostility from the bench. . . .”3 Facing these challenges is both daunting and gratifying. It begins, perhaps not obviously, with an ability to identify those who need your help. Identifying the Plaintiff 18 Domestic Violence and Tort Remedies by Betty Levinson Do not assume that a woman who has been abused by an intimate partner will readily reveal her history. Many abuse victims experience feelings of shame and personal responsibility for their injuries. Many women justifiably fear retribution if they take action against their abusers. Many battered women are apprehensive about seeking relief in court because they are aware of its limitations in recognizing and compensating psychological injury, which is often the most long-lasting effect of physical abuse. Thus, a client’s ability to tolerate reasonably anticipated hostility from adverse counsel, judges, and juries may be a decisive factor in deciding whether to sue for damages arising from domestic violence. The initial challenge is to make your client feel safe enough to trust
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296 Amy E. Schwartz and Sharon Stapel<br />
128. Note: It may also be unlawful sex discrimination under the federal Fair<br />
Housing Act to engage in evictions of domestic violence survivors as most<br />
survivors, statistically, are women and such policies may have a disparate<br />
impact upon females. See Bouley v Young Sabourin, 2005 WL 950632<br />
(D Vt 2005). In 2005, Westchester County passed a local law prohibiting<br />
discrimination against domestic violence victims in both private and public<br />
housing. Laws of Westchester County § 700.02.<br />
129. 42 USC §§ 1437d(u)(1)(A),(C); 42 USC §§ 1437f(ee)(1)(A),(C).<br />
130. Id. Note that the survivor has at least fourteen business days to provide this<br />
documentation.<br />
131. See 42 USC §§ 1437d(u)(2)(A); 42 USC §§ 1437f(ee)(2)(A).<br />
132. Jiggetts v Grinker, 75 NY2d 411 (1990). There are also “Jiggetts-like”<br />
lawsuits currently pending in Westchester, Nassau, and Suffolk counties.<br />
133. Many advocates familiar with Jiggetts relief, which has been in effect for<br />
over a decade, assume this is a permanent housing option. Within the next<br />
two years, Jiggetts will be replaced by the Family Eviction Prevention<br />
Supplement (FEPS).<br />
134. 18 NYCRR § 352.3(a)(3); 03 ADM-7, at 9.<br />
135. The details of each of these enacted plans are available on line at the<br />
Empire Justice Center’s website,<br />
http://www.empirejustice.org/MasterFile/IssueAreas/PublicBenefits/<br />
CashAssistance/ShelterSupplements.htm (last visited June 19, 2006). Each<br />
county has a different name for its supplement plan programs.<br />
136. See Office of Temporary and Disability Assistance Policy Directive<br />
05-21-ELI (May 27, 2005).
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