N.Y. Comp. Codes R. & Regs. tit. 18, § 408.3 – Availability of a residential program for victims of domestic violence.

(a) A social services district must offer and provide temporary shelter and emergency services and care at a residential program, to the extent such programs are available, to victims of domestic violence deemed eligible pursuant to sections 408.4 and 408.5 of this Part.
(b) A residential program for victims of domestic violence is available under the following circumstances:
1. (1) when a victim of domestic violence goes directly to any residential program located within the State, regardless of whether there is a contract between the social services district and the residential program pursuant to section 408.8 of this Part;
2. (2) when a victim of domestic violence goes to any residential program located within the State by transportation arranged or provided by the residential program, regardless of whether there is a contract between the social services district and the residential program; or
3. (3) when a victim of domestic violence goes directly to a social services district seeking temporary shelter; and:
  1. (i) there is a residential program within that social services district which has a bed or beds available; or
  2. (ii) there is a residential program in a contiguous social services district which has a bed or beds available; or
  3. (iii) when there is no residential program for victims of domestic violence in a contiguous social services district, a social services district must consider as available the residential program located closest to that district; or
  4. (iv) when there is a residential program for victims of domestic violence available within the social services district in which the victim was residing at the time of the domestic violence incident and in a contiguous social services district, the victim may seek temporary shelter at the residential program located within the district or in the contiguous district.
(c) When a victim of domestic violence goes directly to a social services district seeking temporary shelter and, pursuant to paragraph (b)(3) of this section, a bed in a residential program is not available, the social services district must offer and provide such victim with another form of emergency shelter and assistance. When a bed in a residential program becomes available, the social services district must offer and arrange for a referral to such residential program to any victim who continues to be programmatically eligible for a residential program.