Bill Text: NY S03078 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 3078 (Prior Session Legislation)

Introduced

Bill Title: Relates to the discharge of residents of a community residence; provides that nothing shall be deemed construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident; defines community residence.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2011-02-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S03078 Detail]

Download: New_York-2009-S03078-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3078
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 8, 2011
                                      ___________
       Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law and the real property actions and
         proceedings law, in relation to discharge of residents of a  community
         residence
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 41.33 of the mental  hygiene  law,  as  amended  by
    2  chapter 298 of the laws of 1984, is amended to read as follows:
    3  S 41.33 Community residences for the mentally disabled.
    4    The  commissioner shall have the power to operate or cause to be oper-
    5  ated  community  residential  facilities  for  the  mentally   disabled.
    6  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED IN THIS
    7  SECTION  SHALL  BE  CONSTRUED AS CREATING A RELATIONSHIP OF LANDLORD AND
    8  TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESIDENT THER-
    9  EOF. Within amounts available therefor and subject to regulations estab-
   10  lished by him OR HER and notwithstanding any other  provisions  of  this
   11  article,  he  OR  SHE  may provide state aid to local governments and to
   12  voluntary agencies (i) in an amount not  to  exceed  fifty  percent  for
   13  acquisition or construction of such community residences, and (ii) in an
   14  amount  not  to  exceed  fifty  percent for the total operating costs of
   15  community residences except community residences for the  mentally  ill.
   16  Such  state  aid to voluntary agencies shall not be granted unless there
   17  has been prior approval of the proposed community residence by the local
   18  governmental unit.
   19    S 2.  Section 41.41 of the mental hygiene law is amended by  adding  a
   20  new subdivision 3 to read as follows:
   21    3.    NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED
   22  IN THIS SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP  OF  LAND-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08708-01-1
       S. 3078                             2
    1  LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
    2  DENT THEREOF.
    3    S  3.  Section  41.44 of the mental hygiene law is amended by adding a
    4  new subdivision (h) to read as follows:
    5    (H) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  NOTHING  CONTAINED
    6  IN  THIS  SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP OF LAND-
    7  LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
    8  DENT THEREOF.
    9    S 4. The real property actions  and  proceedings  law  is  amended  by
   10  adding a new section 713-b to read as follows:
   11    S  713-B.  SPECIAL REQUIREMENTS FOR DISCHARGE OF RESIDENTS FROM COMMU-
   12  NITY RESIDENCES OR TERMINATION OF RESIDENCY AGREEMENTS.  1. FOR PURPOSES
   13  OF THIS SECTION, A "COMMUNITY RESIDENCE" SHALL MEAN  A  COMMUNITY  RESI-
   14  DENCE  AS  DEFINED  IN  SUBDIVISION  TWENTY-EIGHT OF SECTION 1.03 OF THE
   15  MENTAL HYGIENE LAW.
   16    2. NOTWITHSTANDING ANY CONTRARY PROVISIONS OF LAW,  NOTHING  CONTAINED
   17  IN  THIS  ARTICLE SHALL BE CONSTRUED AS CREATING A RELATIONSHIP OF LAND-
   18  LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
   19  DENT THEREOF, AND DISCHARGE OF A RESIDENT FROM A COMMUNITY RESIDENCE  OR
   20  TERMINATION  OF  A  RESIDENCY  AGREEMENT SHALL BE IN ACCORDANCE WITH THE
   21  LAWS, REGULATIONS AND PROCEDURES OF THE OFFICE OF MENTAL HEALTH  OR  THE
   22  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS APPLICABLE.
   23    S 5. This act shall take effect immediately.