Bill Text: NY A10178 | 2017-2018 | 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 2-0)
Status: (Introduced - Dead) 2018-03-22 - referred to alcoholism and drug abuse [A10178 Detail]
Download: New_York-2017-A10178-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10178 IN ASSEMBLY March 22, 2018 ___________ 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 four new subdivisions 3, 4, 5 and 6 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 26 nonjudgmental communication regarding drug and alcohol use, and where 27 tenants are offered education regarding how to avoid risky behaviors and 28 engage in safer practices. Services may include but are not limited to: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14633-02-8A. 10178 2 1 (a) syringe exchange; 2 (b) overdose prevention and treatment; 3 (c) risk reduction in the areas of substance use and sexual behavior; 4 (d) communicable disease prevention and treatment; 5 (e) health education; 6 (f) peer support; and 7 (g) individual and group counseling in health, mental health, and 8 nutrition. 9 5. "Harm reduction services provider" means any entity that provides a 10 range of harm reduction services with the goal of reducing such harm and 11 behaviors associated with substance use and improving individual 12 substance users' quality of life. 13 6. "Agency service provider" means any rehabilitation center, chemical 14 dependence service or opioid treatment program integrated outpatient 15 service as set forth in 14 NYCRR sections 816, 817, 819 and 820 or 16 successor regulations licensed by the office. 17 7. "Chemical dependence residential service" or "residential service" 18 means a chemical dependence residential service as set forth in 14 NYCRR 19 section 819.2(a)(2) and (3) or successor regulations, and service 20 providing an array of services for treatment of management of substance 21 use, including all residential programs licensed and/or certified by 22 such office. Such services may be provided directly or through cooper- 23 ative relationships with other agency service providers. 24 § 2. Section 22.03 of the mental hygiene law is amended by adding four 25 new subdivisions (d), (e), (f) and (g) to read as follows: 26 (d) Every patient in a chemical dependence residential service or in a 27 residential service that has a length of stay of thirty days or more 28 shall have the right to remain unless removed through a special proceed- 29 ing under article seven of the real property actions and proceedings 30 law, provided that the patient has peaceably been in actual possession 31 for thirty days or more. Nothing in this section shall be waived in the 32 event a patient who was in possession for thirty days or more is absent 33 due to a hospitalization. 34 (e) Any patient who is discharged from a chemical dependence residen- 35 tial service or from a residential service, shall be entitled to indi- 36 vidualized housing placement services from the office to assist the 37 patient in securing safe, permanent alternative housing. 38 1. Upon issuing a notice that a patient is discharged from a chemical 39 dependence residential service, the agency service provider shall also 40 issue notice of the discharged patient's eligibility for housing place- 41 ment assistance by the agency service provider or designee prior to the 42 patient's discharge date. 43 2. The agency service provider shall provide the discharged patient 44 with a copy of the entitlement to housing placement assistance in 45 English and Spanish and such other language as it deems necessary. The 46 agency service provider shall notify such discharged patient of the 47 name, office address and telephone number of the housing specialist 48 assigned to the discharged patient. 49 3. Within ten days of admission to a chemical dependence residential 50 service, the agency service provider shall conduct an assessment of the 51 patient's prior housing and future housing needs. At least thirty days 52 prior to discharge, the agency service provider shall assist the 53 discharged patient to complete and submit applications for housing 54 subsidies for which the discharged patient may be eligible and for suit- 55 able housing placements on behalf of the discharged patient.A. 10178 3 1 4. If the agency service provider fails to complete and submit appli- 2 cations pursuant to paragraph 3 of this subdivision, the agency service 3 provider and/or office shall pay the cost of temporary market rate shel- 4 ter on a daily basis until said applications have been completed and 5 submitted. 6 5. After completing and submitting applications pursuant to paragraph 7 3 of this subdivision, the housing specialist shall take the following 8 steps to assist the discharged patient in securing a permanent housing 9 placement: 10 i. Communicate with such discharged patient on a weekly basis to 11 inform such patient of potential housing placements and/or arrange view- 12 ing of available units; 13 ii. Document opportunities to view potential housing units and the 14 outcome of those viewings; and 15 iii. In the event that the discharged patient accepts a housing place- 16 ment, the housing specialist shall assist the discharged patient to 17 complete and submit any and all necessary application materials to 18 secure the placement and coordinate with city and or state agencies to 19 ensure that the deposit and rent payments are paid to the landlord time- 20 ly. 21 6. The housing specialist shall continue to work with the discharged 22 patient in accordance with this subdivision for one year unless and 23 until the discharged patient has secured a permanent housing placement. 24 7. This discharged patient retains the right to decline a referral 25 from the housing specialist. If the discharged patient declines such a 26 referral, the housing specialist shall record and retain documentation 27 indicating the reason the referral was declined. 28 (f) Any patient who is discharged from a chemical dependence outpa- 29 tient service or opioid treatment program integrated outpatient service 30 as set forth in 14 NYCRR sections 816, 817, 819 and 820 or successor 31 regulations, shall be provided a referral to a harm reduction service 32 provider. Such referral shall consist of, at minimum, the following 33 steps performed by the discharging program or service: 34 1. Identification of at least one harm reduction service provider 35 located as close as practically possible to the discharging program or 36 service; 37 2. Provision to the patient of a written referral including the name, 38 location, contact information, and description of services provided by 39 the harm reduction service provider; 40 3. An introduction of the patient to an appropriate contact at the 41 harm reduction service provider by telephone or other live communi- 42 cation, facilitated by the discharging program or service; and 43 4. Reimbursement to the patient of reasonable travel expenses for the 44 cost of a trip from the discharging program or service to the location 45 of the harm reduction service provider. 46 (g) To the extent that publicly available information is available, 47 staff referring to housing any patient who is discharged from a chemical 48 dependence service or opioid treatment program integrated outpatient 49 service as set forth in 14 NYCRR sections 816, 817, 819 and 820 or 50 successor regulations, shall examine publicly available information for 51 all such dwellings located in a city with a population of more than one 52 million, such as on government websites. No patient shall be referred to 53 a non-compliant dwelling. 54 1. To the extent that publicly available information is available, 55 staff referring to housing any participant in a chemical dependence 56 outpatient service or opioid treatment program integrated outpatientA. 10178 4 1 service as set forth in 14 NYCRR sections 816, 817, 819 and 820 or 2 successor regulations, shall examine publicly available information for 3 all such dwellings located in a city with a population of more than one 4 million, such as on government websites. No patient shall be referred to 5 a non-compliant dwelling. 6 2. An agency service provider may not prevent a patient from choosing 7 to move to a non-compliant dwelling. If a patient chooses to move into a 8 non-compliant dwelling, the agency service provider staff must inform 9 the patient that the housing option that the patient has chosen fails to 10 meet the minimum standards outlined by this article. Agency service 11 provider staff must document this conversation in any case record the 12 agency service provider maintains for that patient. 13 3. Any landlord or housing provider, or agent, employee, represen- 14 tative of the landlord or housing provider, that seeks to conduct a 15 recruitment, advertising, solicitation, or informational presentation or 16 who desires to distribute or cause to be distributed promotional or 17 informational materials at a chemical dependence service or opioid 18 treatment program integrated outpatient service shall be required to 19 disclose the addresses for any building owned, operated, or managed by 20 said landlord or housing provider. 21 4. Any landlord or housing provider, or agent, employee, represen- 22 tative of the landlord or housing provider, that seeks referrals from 23 the office or agency service provider or seeks to conduct presentations 24 or otherwise distribute information at the agency, shall certify to the 25 agency that it does not require residents to sign waivers of their right 26 to court process prior to eviction and that it does not require resi- 27 dents to attend any kind of treatment program as a condition of residen- 28 cy. Such certification shall be made in writing, under oath by the land- 29 lord, managing agent, or director of the housing program, and shall be 30 mailed to the agency service provider by certified or registered mail, 31 return receipt requested. Such certification shall be supported by a 32 sworn statement by the individual making the certification, attesting 33 that the certification is true. 34 5. If any address disclosed by a landlord or housing provider pursuant 35 to subdivision (e) of this section is a non-compliant dwelling, the 36 landlord or housing provider shall be prohibited from conducting any 37 presentation or from distributing promotional or informational materials 38 at the site of the chemical dependence outpatient service or opioid 39 treatment program integrated outpatient service. 40 6. If an agency service provider refers a patient to housing that the 41 patient believes is non-compliant, the agency service provider shall 42 assist the patient to make a complaint to the 311 Citizens Service 43 Center. Agencies shall provide the patient with access to a telephone if 44 the patient does not have one available. If the patient declines the 45 referral based on the belief that the housing referred is a non-compli- 46 ant dwelling, the agency service provider shall provide the patient 47 with a new referral to other suitable housing. In the event a patient 48 refuses housing, the reasons for the refusal must be documented in the 49 patient's case record. 50 7. Agency service providers shall distribute to all patients who are 51 currently or were formerly incarcerated, hospitalized, in shelter, in 52 substance abuse treatment, or homeless a plain language document that 53 describes what a non-compliant dwelling is and contains information 54 about how to contact the department of buildings and the 311 Citizen 55 Service Center.A. 10178 5 1 § 3. This act shall take effect on the ninetieth day after it shall 2 have become a law. Effective immediately, the addition, amendment and/or 3 repeal of any rule or regulation necessary for the implementation of 4 this act on its effective date are authorized to be made and completed 5 on or before such date.
