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Legal Information: New York

Housing Laws

Updated: 
July 7, 2023

Who is considered a victim of domestic violence under these housing laws?

The laws described in this section offer housing-related protection for victims of domestic violence. You are considered a “victim of domestic violence” if:

  1. you are age 16 or older;
  2. a family or household member commits any crime against you or your child, including lesser offenses such as harassment and disorderly conduct, regardless of whether or not that person is arrested for it; and
  3. the person’s actions have:
    • caused you physical or emotional injury; or
    • created a substantial risk of physical or emotional harm to you or your child.1

The following people are considered “family or household members”:

  • someone related to you by blood (consanguinity) or marriage (affinity);
  • your spouse or ex-spouse;
  • someone you have a child in common with; 
  • someone not related to you with whom you live or lived regularly (“continually or at regular intervals”) in the same household; and
  • someone you are or were in an “intimate relationship” with, regardless of whether you ever lived together or had a sexual relationship.2 To learn more about what types of relationships a judge might consider to be “intimate,” go to What is the legal definition of an “intimate relationship?”

​1 NY Real Prop § 227-c(1); NY Soc Serv § 459-a(1)
2 NY Soc Serv § 459-a(2)