Bill Text: NY A01070 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the definitions of non-compliant dwelling and harm reduction services and provides that every patient in a chemical dependence residential service or in a residential service that has a length of stay of thirty days or more shall have the right to remain unless removed through a special proceeding under article seven of the real property actions and proceedings law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-14 - referred to alcoholism and drug abuse [A01070 Detail]

Download: New_York-2019-A01070-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1070
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Alcoholism and Drug Abuse
        AN ACT to amend the mental hygiene law,  in  relation  to  non-compliant
          dwellings and harm reduction services
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 19.03 of the  mental  hygiene  law  is  amended  by
     2  adding five new subdivisions 3, 4, 5, 6 and 7 to read as follows:
     3    3. "Non-compliant dwelling" means a building that meets one or more of
     4  the following criteria:
     5    (a)  located within a building that has been, in whole or in part, the
     6  subject of an active vacate order placed by  any  local,  municipal,  or
     7  county body charged with the enforcement of housing, sanitary, or safety
     8  standards,  within  the  four  years  prior  to the time when a client's
     9  placement is being planned,  or  when  the  agency  otherwise  considers
    10  referring a client to the address;
    11    (b)  located  within a building against which any local, municipal, or
    12  county body has pending litigation; and
    13    (c) located within a building for which one or  more  complaints  have
    14  been  received  by any local, municipal, or county body charged with the
    15  enforcement of housing, sanitary, or safety standards  within  the  last
    16  four  years  preceding  the  time  when  a  client's  placement is being
    17  planned, or when the agency otherwise considers referring  a  client  to
    18  the address, pertaining to:
    19    i. use contrary to that authorized for the building by law, or
    20    ii. work performed without authorization required by law.
    21    4. "Harm reduction services" means services to assist individuals with
    22  substance  use  issues  in reducing the negative consequences associated
    23  with substance use and improving individuals' quality of life.  Services
    24  shall  be  informed by a philosophy that recognizes drug and alcohol use
    25  and addiction as a part of tenants' lives, where tenants are engaged  in
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04812-01-9

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     1  nonjudgmental  communication  regarding  drug and alcohol use, and where
     2  tenants are offered education regarding how to avoid risky behaviors and
     3  engage in safer practices. Services may include but are not limited to:
     4    (a) syringe exchange;
     5    (b) overdose prevention and treatment;
     6    (c) risk reduction in the areas of substance use and sexual behavior;
     7    (d) communicable disease prevention and treatment;
     8    (e) health education;
     9    (f) peer support; and
    10    (g)  individual  and  group  counseling  in health, mental health, and
    11  nutrition.
    12    5. "Harm reduction services provider" means any entity that provides a
    13  range of harm reduction services with the goal of reducing such harm and
    14  behaviors  associated  with  substance  use  and  improving   individual
    15  substance users' quality of life.
    16    6. "Agency service provider" means any rehabilitation center, chemical
    17  dependence  service  or  opioid  treatment program integrated outpatient
    18  service as set forth in 14 NYCRR sections  816,  817,  819  and  820  or
    19  successor regulations licensed by the office.
    20    7.  "Chemical dependence residential service" or "residential service"
    21  means a chemical dependence residential service as set forth in 14 NYCRR
    22  section 819.2(a)(2)  and  (3)  or  successor  regulations,  and  service
    23  providing  an array of services for treatment of management of substance
    24  use, including all residential programs  licensed  and/or  certified  by
    25  such  office.  Such services may be provided directly or through cooper-
    26  ative relationships with other agency service providers.
    27    § 2. Section 22.03 of the mental hygiene law is amended by adding four
    28  new subdivisions (d), (e), (f) and (g) to read as follows:
    29    (d) Every patient in a chemical dependence residential service or in a
    30  residential service that has a length of stay of  thirty  days  or  more
    31  shall have the right to remain unless removed through a special proceed-
    32  ing  under  article  seven  of the real property actions and proceedings
    33  law, provided that the patient has peaceably been in  actual  possession
    34  for  thirty days or more. Nothing in this section shall be waived in the
    35  event a patient who was in possession for thirty days or more is  absent
    36  due to a hospitalization.
    37    (e)  Any patient who is discharged from a chemical dependence residen-
    38  tial service or from a residential service, shall be entitled  to  indi-
    39  vidualized  housing  placement  services  from  the office to assist the
    40  patient in securing safe, permanent alternative housing.
    41    1. Upon issuing a notice that a patient is discharged from a  chemical
    42  dependence  residential  service, the agency service provider shall also
    43  issue notice of the discharged patient's eligibility for housing  place-
    44  ment  assistance by the agency service provider or designee prior to the
    45  patient's discharge date.
    46    2. The agency service provider shall provide  the  discharged  patient
    47  with  a  copy  of  the  entitlement  to  housing placement assistance in
    48  English and Spanish and such other language as it deems  necessary.  The
    49  agency  service  provider  shall  notify  such discharged patient of the
    50  name, office address and telephone  number  of  the  housing  specialist
    51  assigned to the discharged patient.
    52    3.  Within  ten days of admission to a chemical dependence residential
    53  service, the agency service provider shall conduct an assessment of  the
    54  patient's  prior  housing and future housing needs. At least thirty days
    55  prior to  discharge,  the  agency  service  provider  shall  assist  the
    56  discharged  patient  to  complete  and  submit  applications for housing

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     1  subsidies for which the discharged patient may be eligible and for suit-
     2  able housing placements on behalf of the discharged patient.
     3    4.  If the agency service provider fails to complete and submit appli-
     4  cations pursuant to paragraph three  of  this  subdivision,  the  agency
     5  service  provider  and/or  office shall pay the cost of temporary market
     6  rate shelter  on  a  daily  basis  until  said  applications  have  been
     7  completed and submitted.
     8    5.  After completing and submitting applications pursuant to paragraph
     9  3 of this subdivision, the housing specialist shall take  the  following
    10  steps  to  assist the discharged patient in securing a permanent housing
    11  placement:
    12    i. Communicate with such discharged  patient  on  a  weekly  basis  to
    13  inform such patient of potential housing placements and/or arrange view-
    14  ing of available units;
    15    ii.  Document  opportunities  to  view potential housing units and the
    16  outcome of those viewings; and
    17    iii. In the event that the discharged patient accepts a housing place-
    18  ment, the housing specialist shall  assist  the  discharged  patient  to
    19  complete  and  submit  any  and  all  necessary application materials to
    20  secure the placement and coordinate with city and or state  agencies  to
    21  ensure that the deposit and rent payments are paid to the landlord time-
    22  ly.
    23    6.  The  housing specialist shall continue to work with the discharged
    24  patient in accordance with this subdivision  for  one  year  unless  and
    25  until the discharged patient has secured a permanent housing placement.
    26    7.  This  discharged  patient  retains the right to decline a referral
    27  from the housing specialist. If the discharged patient declines  such  a
    28  referral,  the  housing specialist shall record and retain documentation
    29  indicating the reason the referral was declined.
    30    (f) Any patient who is discharged from a  chemical  dependence  outpa-
    31  tient  service or opioid treatment program integrated outpatient service
    32  as set forth in 14 NYCRR sections 816, 817, 819  and  820  or  successor
    33  regulations,  shall  be  provided a referral to a harm reduction service
    34  provider. Such referral shall consist  of,  at  minimum,  the  following
    35  steps performed by the discharging program or service:
    36    1.  Identification  of  at  least  one harm reduction service provider
    37  located as close as practically possible to the discharging  program  or
    38  service;
    39    2.  Provision to the patient of a written referral including the name,
    40  location, contact information, and description of services  provided  by
    41  the harm reduction service provider;
    42    3.  An  introduction  of  the patient to an appropriate contact at the
    43  harm reduction service provider by  telephone  or  other  live  communi-
    44  cation, facilitated by the discharging program or service; and
    45    4.  Reimbursement to the patient of reasonable travel expenses for the
    46  cost of a trip from the discharging program or service to  the  location
    47  of the harm reduction service provider.
    48    (g)  To  the  extent that publicly available information is available,
    49  staff referring to housing any patient who is discharged from a chemical
    50  dependence service or opioid  treatment  program  integrated  outpatient
    51  service  as  set  forth  in  14  NYCRR sections 816, 817, 819 and 820 or
    52  successor regulations, shall examine publicly available information  for
    53  all  such dwellings located in a city with a population of more than one
    54  million, such as on government websites. No patient shall be referred to
    55  a non-compliant dwelling.

        A. 1070                             4
     1    1. To the extent that publicly  available  information  is  available,
     2  staff  referring  to  housing  any  participant in a chemical dependence
     3  outpatient service or opioid  treatment  program  integrated  outpatient
     4  service  as  set  forth  in  14  NYCRR sections 816, 817, 819 and 820 or
     5  successor  regulations, shall examine publicly available information for
     6  all such dwellings located in a city with a population of more than  one
     7  million, such as on government websites. No patient shall be referred to
     8  a non-compliant dwelling.
     9    2.  An agency service provider may not prevent a patient from choosing
    10  to move to a non-compliant dwelling. If a patient chooses to move into a
    11  non-compliant dwelling, the agency service provider  staff  must  inform
    12  the patient that the housing option that the patient has chosen fails to
    13  meet  the  minimum  standards  outlined by this article.  Agency service
    14  provider staff must document this conversation in any  case  record  the
    15  agency service provider maintains for that patient.
    16    3.  Any  landlord  or  housing provider, or agent, employee, represen-
    17  tative of the landlord or housing provider,  that  seeks  to  conduct  a
    18  recruitment, advertising, solicitation, or informational presentation or
    19  who  desires  to  distribute  or  cause to be distributed promotional or
    20  informational materials at  a  chemical  dependence  service  or  opioid
    21  treatment  program  integrated  outpatient  service shall be required to
    22  disclose the addresses for any building owned, operated, or  managed  by
    23  said landlord or housing provider.
    24    4.  Any  landlord  or  housing provider, or agent, employee, represen-
    25  tative of the landlord or housing provider, that  seeks  referrals  from
    26  the  office or agency service provider or seeks to conduct presentations
    27  or otherwise distribute information at the agency, shall certify to  the
    28  agency that it does not require residents to sign waivers of their right
    29  to    court process prior to eviction and that it does not require resi-
    30  dents to attend any kind of treatment program as a condition of residen-
    31  cy. Such certification shall be made in writing, under oath by the land-
    32  lord, managing agent, or director of the housing program, and  shall  be
    33  mailed  to  the agency service provider by certified or registered mail,
    34  return receipt requested. Such certification shall  be  supported  by  a
    35  sworn  statement  by  the individual making the certification, attesting
    36  that the certification is true.
    37    5. If any address disclosed by a landlord or housing provider pursuant
    38  to subdivision (e) of this section  is  a  non-compliant  dwelling,  the
    39  landlord  or  housing  provider  shall be prohibited from conducting any
    40  presentation or from distributing promotional or informational materials
    41  at the site of the chemical  dependence  outpatient  service  or  opioid
    42  treatment program integrated outpatient service.
    43    6.  If an agency service provider refers a patient to housing that the
    44  patient believes is non-compliant, the  agency  service  provider  shall
    45  assist  the  patient  to  make  a  complaint to the 311 Citizens Service
    46  Center. Agencies shall provide the patient with access to a telephone if
    47  the patient does not have one available. If  the  patient  declines  the
    48  referral  based on the belief that the housing referred is a non-compli-
    49  ant dwelling,  the agency service provider  shall  provide  the  patient
    50  with  a  new  referral to other suitable housing. In the event a patient
    51  refuses housing, the reasons for the refusal  must be documented in  the
    52  patient's case record.
    53    7.  Agency  service providers shall distribute to all patients who are
    54  currently or were formerly incarcerated, hospitalized,  in  shelter,  in
    55  substance  abuse  treatment,  or homeless a plain language document that
    56  describes what a non-compliant  dwelling  is  and  contains  information

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     1  about  how  to  contact  the department of buildings and the 311 Citizen
     2  Service Center.
     3    §  3.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law. Effective immediately, the addition, amendment and/or
     5  repeal of any rule or regulation necessary  for  the  implementation  of
     6  this  act  on its effective date are authorized to be made and completed
     7  on or before such date.
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