Bill Text: NY S03422 | 2017-2018 | General Assembly | Introduced

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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 1-0)

Status: (Engrossed - Dead) 2018-06-19 - referred to mental health [S03422 Detail]

Download: New_York-2017-S03422-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3422
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by  Sen.  PARKER -- 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  § 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    § 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.
                                                                   LBD05896-01-7
        S. 3422                             2
     1  lord and tenant between an operator of a community residence and a resi-
     2  dent thereof.
     3    §  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    § 4. The real property actions  and  proceedings  law  is  amended  by
    10  adding a new section 713-b to read as follows:
    11    §  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    § 5. This act shall take effect immediately.