Bill Text: NY A04814 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the improvement and operation of sober living homes including the process for certification, inspections, and violations and the establishment of a toll free hotline to respond to complaints.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2022-05-10 - held for consideration in alcoholism and drug abuse [A04814 Detail]
Download: New_York-2021-A04814-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4814 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ Introduced by M. of A. SMITH -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the general business law, the mental hygiene law and the social services law, in relation to the improvement and operation of sober living homes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Declaration of findings and legislative intent. The legis- 2 lature hereby finds and declares that there is an urgent need to improve 3 the operation of sober living homes. A sober living home is intended to 4 provide affordable, drug and alcohol free environments for persons who 5 are enrolled in out-patient treatment or recovering from a drug or alco- 6 hol addiction. The mission of a sober living home is to promote recovery 7 and allow individuals to become self-supporting. In order to meet this 8 mission, residents must be afforded a safe, sanitary, and secure envi- 9 ronment. 10 The legislature further finds that far too many sober living home 11 operators fail to provide the atmosphere necessary for residents. While 12 there certainly are some well-run sober living homes that truly aim to 13 assist those in recovery, many of these homes are often overcrowded, 14 drug and alcohol infested, unsanitary, and incompetently managed. In 15 order to ensure that appropriate living standards are being maintained, 16 regulations pertaining to the operation of sober living homes must be 17 established and enforced. 18 The legislature further finds and declares that it is the intent of 19 the legislature to prevent recidivism, injury, and death among persons 20 seeking housing in a sober living home by establishing and enforcing 21 operational standards. By ensuring that appropriate standards are estab- 22 lished and enforced, communities which host a sober living home will 23 also benefit. By authorizing the state to certify establishments meeting 24 the criteria necessary to provide an appropriate environment, and by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06884-01-1A. 4814 2 1 allowing localities to inspect the establishment, safe and effective 2 sober living homes can continue to improve people's lives. 3 § 2. The general business law is amended by adding a new section 390-d 4 to read as follows: 5 § 390-d. Sober living homes. 1. A "sober living home" shall mean a 6 home that is operated, whether for profit or not, for transitional 7 recovery purposes of individuals afflicted with alcohol or substance 8 abuse dependencies. Such homes shall have, as its primary purpose, the 9 reintegration of such afflicted persons into society with accompanying 10 monitoring and support, and shall provide a safe, supportive, drug-free 11 living environment. Homes established as "half-way houses or homes" 12 and/or "recovery houses or homes" shall be included in this definition. 13 2. An owner, operator, or landlord, may not hold themselves out to be 14 or advertise to be a "sober living home" unless they are certified by, 15 and remain in good standing with, the New York state office of addiction 16 services and supports. 17 3. Any violation of this section shall result in a fine in the amount 18 of ten thousand dollars. 19 § 3. The mental hygiene law is amended by adding a new article 21 to 20 read as follows: 21 ARTICLE 21 22 CERTIFICATION OF SOBER LIVING HOMES 23 Section 21.01 Authority. 24 21.03 Definition. 25 21.05 Certification process. 26 21.07 Certification fee. 27 21.09 Revocation of certificates. 28 21.11 Inspections. 29 21.13 Violations. 30 21.15 Exclusivity of sober living home title. 31 21.17 Listing of certified sober living homes. 32 21.19 Toll-free hotline. 33 § 21.01 Authority. 34 The legislature hereby declares that alcoholism, substance abuse and 35 chemical dependence pose major health and social problems for individ- 36 uals. It has been proven that transitional living environments can help 37 to prevent recidivism after an individual has ceased using alcohol, 38 illegal substances and chemicals. The tragic, cumulative and often fatal 39 consequences of recidivism can be prevented through the establishment of 40 quality sober living homes. 41 The legislature recognizes locally implemented transitional living 42 programs as an effective avenue to avert recidivism. The primary goals 43 of rehabilitation and recovery are to restore social, family, lifestyle, 44 vocational, and economic supports by stabilizing an individual's phys- 45 ical and psychological functioning. By ensuring that sober living homes 46 are offering the environment necessary for such success, positive treat- 47 ment outcomes can be further attained. 48 The state of New York and local governments have a responsibility to 49 coordinate the delivery of alcoholism and substance abuse services, 50 through the entire process of recovery. To accomplish these objectives, 51 the legislature declares that the establishment of a program for certif- 52 ication of sober living homes will provide an integrated framework to 53 further plan, oversee, and regulate the state's prevention and treatment 54 network. In recognition of the growing trends and incidences of recidiv- 55 ism, this oversight allows the state to respond to the recovery needs ofA. 4814 3 1 individuals suffering from alcoholism, substance abuse and chemical 2 dependency. 3 § 21.03 Definition. 4 For the purposes of this section, a "sober living home" shall mean a 5 home that is operated, whether for profit or not, for transitional 6 recovery proposes of individuals afflicted with alcohol or substance 7 abuse dependencies. Such homes shall have, as its primary purpose, the 8 reintegration of such afflicted persons into society with accompanying 9 monitoring and support, and shall provide a safe, supportive, drug-free 10 living environment. Homes established as "half-way houses or homes" 11 and/or "recovery houses or homes" shall be included in this definition. 12 § 21.05 Certification process. 13 1. The office shall promulgate rules and regulations necessary for the 14 implementation of a program for certification of sober living homes. 15 Provided however, that any rules or regulations adopted must include a 16 provision requiring an inspection of the proposed sober living home 17 prior to the completion of the certification process. 18 2. In addition to any standards promulgated by the office, operators 19 of sober living homes shall, at a minimum: 20 (a) Operate in accordance with all federal, state, and local building 21 codes and ordinances to the extent practicable in accordance with the 22 Federal Fair Housing Act. 23 (b) Be operated or managed by people with at least two years employ- 24 ment experience with people with substance abuse disorders. Operators 25 may not have any prior felony convictions. 26 (c) Be affiliated with a treatment program approved by the office of 27 addictions services and supports. 28 (d) Establish and enforce a zero tolerance policy for alcoholism and 29 substance abuse. 30 (e) Provide furnished living spaces in accordance with all local 31 zoning and housing standards. 32 (f) Have an OASAS certified abuse counselor on staff who follows each 33 individual's aftercare plan as well as assists each individual, as need- 34 ed, in furthering their education, acquiring job training, and securing 35 employment so they can transition out of the sober living home. 36 3. Such certificate shall specify: 37 (a) The name of the holder of the certificate. 38 (b) The address to which the certificate applies. 39 (c) The maximum number of persons to reside in the home. 40 4. Such certificate shall be publicly displayed at the home. 41 5. Certificates are non-transferable to new ownership or other 42 locations. 43 6. Nothing in this section shall relieve certificate holders from 44 complying with other provisions of this article, nor shall powers or 45 duties of the office granted or imposed by other sections of this arti- 46 cle be circumscribed by this section. Further, nothing in this section 47 shall relieve certificate holders from complying with other applicable 48 provisions of county law or regulation which do not violate this arti- 49 cle. 50 § 21.07 Certification fee. 51 The office is hereby authorized to impose a reasonable fee to apply 52 for a certificate. The office is also authorized to collect a biannual 53 re-certification fee of five hundred dollars from applicants and holders 54 of sober living home certificates in order to implement the certif- 55 ication process and oversee compliance therewith. Certification must be 56 renewed every two years. One-half of the revenue generated by this feeA. 4814 4 1 shall be remitted to the county. The office shall have the authority to 2 waive this fee at its discretion. 3 § 21.09 Revocation of certificates. 4 1. The office shall have the authority to revoke a certificate if a 5 sober living home ceases to meet the standards provided or with the 6 provisions of any other applicable state or county law or regulation. 7 The holder of the certificate shall be given at least thirty days writ- 8 ten notice and the opportunity to be heard prior to revocation. 9 2. The commissioner may immediately revoke a certificate if there are 10 reasonable grounds to believe that the continued operation of the sober 11 living home presents an immediate danger to residents of the home or the 12 general public. Such action must be made in writing to the certificate 13 holder, and may last no longer than thirty days, during which time the 14 commissioner shall make a final determination after giving the certif- 15 icate holder an opportunity to be heard. 16 § 21.11 Inspections. 17 The office shall, in coordination with the county department of commu- 18 nity mental hygiene services, promulgate rules and regulations regarding 19 the inspection of certified sober living homes in order to ensure that 20 each home is in compliance with all applicable rules and regulations. 21 § 21.13 Violations. 22 Any certified sober living home that is found by the office to be in 23 violation of any provision of this article or any other state, county, 24 town, or village law or regulation may be fined. A fine may be imposed 25 for each day that a sober living home remains in violation of this arti- 26 cle or any other state or county law or regulation. The daily fine may 27 not exceed one thousand dollars per day, and in no event may the total 28 fine amount exceed five thousand dollars annually except for fines 29 issued pursuant to section two hundred ten of the general business law. 30 Such fine may be in lieu of, or in addition to, certificate revocation. 31 One-half of any fines assessed shall be remitted to the county. 32 § 21.15 Exclusivity of sober living home title. 33 No owner, operator or landlord may hold a property out to be or adver- 34 tise a property as a sober living home unless the property is certified 35 by the office. 36 § 21.17 Listing of certified sober living homes. 37 The office shall maintain an online listing, available to the public, 38 of all certified sober living homes which are in good standing. 39 § 21.19 Toll-free hotline. 40 The office shall establish a toll-free telephone line to receive and 41 respond to complaints regarding sober living homes. 42 § 4. Section 17 of the social services law is amended by adding a new 43 subdivision (h-1) to read as follows: 44 (h-1) ensure that all recipients of public assistance who reside in 45 sober living homes, as defined by article twenty-one of the mental 46 hygiene law, reside in housing accommodations that are in compliance 47 with all applicable building codes, ordinances and regulations of the 48 municipality in which the housing accommodation is located. Reasonable 49 accommodations from building codes, ordinances and regulations shall be 50 made pursuant to the Federal Fair Housing Act. Upon discovery that such 51 housing accommodation is not in compliance recipients shall be housed in 52 emergency housing or other alternative temporary housing until such time 53 as the initial housing accommodation in which such recipient or recipi- 54 ents resided is brought into compliance with all applicable building 55 codes, ordinances and regulations of the county and the municipality inA. 4814 5 1 which such housing accommodation is located or until a suitable perma- 2 nent housing accommodation is located, whichever occurs earlier; 3 § 5. Subdivision 2 of section 143-b of the social services law, as 4 added by chapter 997 of the laws of 1962, is amended to read as follows: 5 2. Every public welfare official shall have power to and may withhold 6 the payment of any such rent, or portion comprising rent in instances 7 where the public welfare department makes room and board payments to a 8 sober living home as defined by the mental hygiene law, in any case 9 where he has knowledge that there exists or there is outstanding any 10 violation of law in respect to the building containing the housing 11 accommodations occupied by the person entitled to such assistance which 12 is dangerous, hazardous or detrimental to life or health. A report of 13 each such violation shall be made to the appropriate public welfare 14 department by the appropriate department or agency having jurisdiction 15 over violations. 16 § 6. Severability. If any clause, sentence, paragraph or part of this 17 act shall be adjudged by any court of competent jurisdiction to be 18 invalid, such judgment shall not affect, impair or invalidate the 19 remainder thereof, but shall be confined in its operation to the clause, 20 sentence, paragraph or part thereof directly involved in the controversy 21 in which such judgment shall have been rendered. 22 § 7. This act shall take effect one year after it shall have become a 23 law. Effective immediately, the addition, amendment and/or repeal of any 24 rule or regulation necessary for the implementation of this act on its 25 effective date are authorized to be made on or before such effective 26 date.
