Bill Text: NY S08521 | 2021-2022 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely reside in such a setting; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2022-05-27 - PRINT NUMBER 8521C [S08521 Detail]

Download: New_York-2021-S08521-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8521--B

                    IN SENATE

                                      March 8, 2022
                                       ___________

        Introduced by Sens. MANNION, GALLIVAN -- read twice and ordered printed,
          and  when  printed to be committed to the Committee on Disabilities --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee and committed to the Committee on Finance -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to amend the mental hygiene law, in relation to the creation of
          an innovative housing initiative  for  persons  with  a  developmental
          disability  who  wish and are able to safely reside in such a setting;
          and to amend the general business law,  in  relation  to  creating  an
          exemption  from  certain  filing requirements for residential environ-
          ments that are formed as cooperative interests in realty  for  persons
          receiving services under the innovative housing initiative

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Legislative purpose and findings.  The  legislature  hereby
     2  finds and declares as follows:
     3    (a)  New  York  state  is currently facing a severe housing crisis for
     4  people with developmental disabilities. Staffing shortages for certified
     5  housing, commonly referred to as group homes, has put  additional  pres-
     6  sure  on the state to provide alternative and innovative housing models,
     7  especially for those persons who are able to live more independently and
     8  wish to do so.
     9    (b) Many persons with developmental disabilities live with a parent or
    10  parents, a family member, or other  similar  direct  support  personnel.
    11  However, many such persons wish to live more independently, and would do
    12  so if an option existed that included certain basic supports.
    13    (c)  Further,  although  family  caregiving  is  appropriate  in  many
    14  instances, parents and similar direct support personnel  may  eventually
    15  become  unable to continue supporting the person who has a developmental
    16  disability, due to the direct support personnel's infirmity,  death,  or
    17  other concerns.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14727-10-2
        S. 8521--B                          2

     1    (d)  When that happens, the person with a developmental disability may
     2  need to move to a group home, which is a  more  restrictive  environment
     3  than  an  innovative housing initiative could provide.  Often, available
     4  group homes are located far from the communities in  which  people  have
     5  lived  their  entire  lives. Although group homes may be appropriate for
     6  some persons with developmental disabilities, they are  not  appropriate
     7  for  those  persons with disabilities who wish and are able to live more
     8  independently.  Currently, group homes, even for  those  who  choose  to
     9  live in that setting, do not number nearly enough to meet the need.
    10    (e)  A  system that creates unnecessary pressure to place persons with
    11  developmental disabilities in group homes directly contravenes the spir-
    12  it of federal law that requires state and local governments  to  provide
    13  people with developmental disabilities opportunities to live in the most
    14  integrated setting that is available and appropriate for their needs. It
    15  also  works a double trauma upon the person with developmental disabili-
    16  ty, who has no option but to move from their long-time  home  while,  at
    17  the  same  time, grieving the loss of a parent or direct support person-
    18  nel.
    19    (f) Accordingly, there is a need to create new and innovative  housing
    20  models  that  maximize independence for persons with developmental disa-
    21  bilities.  The state should provide more independent housing options  to
    22  persons with developmental disabilities, where such persons wish and are
    23  able  to  take  advantage  of  such opportunities, out of concern that a
    24  certain number of persons  with  developmental  disabilities  living  in
    25  close proximity automatically qualifies as an "institution."
    26    (g)  Guidance  from  the  federal  Centers  for  Medicare and Medicaid
    27  Services ("CMS") has emphasized that there is no cap or percentage  that
    28  is used to determine whether housing for people with developmental disa-
    29  bilities  satisfies the federal standards for what constitutes an insti-
    30  tution. Rather, CMS clarified that state and  local  governments  should
    31  focus  on  the experience of the individual with developmental disabili-
    32  ties in that setting.
    33    (h) Persons with developmental disabilities can in fact live in  close
    34  proximity  in a safe and healthy residential environment integrated into
    35  the community, especially when that environment is chosen by the  person
    36  and  augmented with supports that maximize the person's independence and
    37  that are less intensive than the services provided in  an  institutional
    38  setting.
    39    (i) Thus, to maximize the availability of innovative housing settings,
    40  this  legislation directs the office for people with developmental disa-
    41  bilities ("OPWDD") to  create  an  Innovative  Housing  Initiative  that
    42  enables  persons  with developmental disabilities to live more independ-
    43  ently, including housing that is owned or leased in their  name,  or  by
    44  someone else on behalf of such person or that of a trust established for
    45  their benefit, with supports provided through OPWDD, such as availabili-
    46  ty  of  shared  direct  support personnel. In this way, the program will
    47  ensure  that  persons  with  developmental  disabilities  are   afforded
    48  settings that are the most integrated and appropriate for their needs.
    49    §  2.  The mental hygiene law is amended by adding a new section 16.38
    50  to read as follows:
    51  § 16.38 Innovative housing initiative.
    52    (a) The office shall enable persons with a developmental disability to
    53  live independently and safely, with support services, including but  not
    54  limited  to staffing support, shared staffing support, and opportunities
    55  for social engagement and recreation, in a residential environment.
        S. 8521--B                          3

     1    (b) The office shall enable eligible persons with developmental  disa-
     2  bilities  to  reside  in a residential environment comprised of multiple
     3  units of housing, in one or more buildings, including but not limited to
     4  leased residential housing units, housing that qualifies  as  a  cooper-
     5  ative  interest in realty under section three hundred fifty-two-e of the
     6  general business law, including condominium units under  article  nine-B
     7  of  the real property law, where an interest in each residential unit is
     8  owned or leased by a person with a developmental disability, or an enti-
     9  ty on behalf of such person, including but not limited to a trust estab-
    10  lished for such person's benefit.  Each unit of residential housing  may
    11  be  home to no more than the number of unrelated persons who may live in
    12  such unit pursuant to local law.
    13    (c) The determination that a person with  a  developmental  disability
    14  may  independently  and  safely  live  in the residential environment of
    15  their choice, with support  services,  shall  be  made  solely  by  such
    16  person,  in  collaboration  with their service provider and care coordi-
    17  nation agency, or a successor service provider. Such persons shall  have
    18  the right to also choose the persons with whom they live.
    19    (d)  When  determining  eligibility  for  any housing subsidy program,
    20  support services or other benefits provided  to  persons  with  develop-
    21  mental  disabilities,  in recognition of the requirement that government
    22  agencies focus on an individual's experience when determining whether  a
    23  residential environment is the most integrated and appropriate for their
    24  needs, the office shall:
    25    (1)  maximize  and prioritize the ability of individuals to choose the
    26  residential environments in which they may live and with whom they  wish
    27  to live;
    28    (2) maximize the types of residential environments where a person with
    29  developmental  disabilities  may  live  while  being  eligible for funds
    30  through a home and community based waiver, to the full extent  permitted
    31  by federal law; and
    32    (3) enable a number of persons with developmental disabilities to live
    33  in  a  residential  environment  when  viewed  as a whole up to the full
    34  extent permitted by federal law.
    35    (e) This section shall not  limit  or  otherwise  affect  requirements
    36  applying to:
    37    (1)  an  integrated  supportive  housing  program  administered by the
    38  office in coordination  with  the  division  of  housing  and  community
    39  renewal  (commonly  referred  to  as  the Integrative Supportive Housing
    40  program or "ISH"); or
    41    (2) projects developed as part of an empire state  supportive  housing
    42  initiative (commonly referred to as "ESSHI").
    43    (f)  The  office  shall  coordinate  with  the department of health to
    44  determine whether an amendment to the state plan authorized  by  section
    45  three  hundred  sixty-three-a  of the social services law or a waiver is
    46  required from the federal Centers for  Medicare  and  Medicaid  Services
    47  ("CMS")  to  maximize federal financial participation for the initiative
    48  described in this section. If an amendment to the state plan or a waiver
    49  is required or desirable, the department of  health  shall  submit  such
    50  amendment  or apply to CMS for such waiver no more than ninety days from
    51  the date that this section becomes effective.
    52    (g) The office shall coordinate  with  the  department  of  health  to
    53  ensure  that  any state transition plan submitted to CMS that relates to
    54  federal regulations governing home and community-based services is writ-
    55  ten, amended or supplemented to include recognition  of  the  innovative
    56  housing initiative described by this section.
        S. 8521--B                          4

     1    (h)  The  office may conduct public hearings to receive public comment
     2  on how residential environments that include innovative housing  author-
     3  ized by this section can best be integrated with the broader community.
     4    (i)  This section shall not be construed to permit the operation with-
     5  out an operating certificate of a community residence,  community  resi-
     6  dential  facility for the disabled, supervised living facility, support-
     7  ive living facility, or any  other  provider  of  service  requiring  an
     8  operating  certificate  under  section 16.03 of this article. Nothing in
     9  this section shall be interpreted as  authorizing  an  increase  in  the
    10  number of beds approved for a community residence, community residential
    11  facility for the disabled, supervised living facility, supportive living
    12  facility,  or  any  other  provider  of  service  requiring an operating
    13  certificate under section 16.03 of this article.
    14    (j) Residential environments in which persons with developmental disa-
    15  bilities receive services pursuant to the innovative housing  initiative
    16  described by this section shall not discriminate against any resident or
    17  potential  resident  based on race, creed, age other than being at least
    18  eighteen years of age, color, national origin, sex, disability,  marital
    19  status, military status, family status, sexual orientation, gender iden-
    20  tity  or expression, or any other protected characteristic under the New
    21  York state human rights law.
    22    § 3. Section 352-g of the general business law, as  added  by  chapter
    23  987 of the laws of 1960, is amended to read as follows:
    24    §  352-g.  Exemptions. (a) The attorney general, upon application, may
    25  exempt from the provisions of sections three hundred fifty-two-e,  three
    26  hundred fifty-two-f and three hundred fifty-two-h any offerings of secu-
    27  rities  (1)  made  to persons not exceeding forty in number or (2) which
    28  securities have been fully registered with the securities  and  exchange
    29  commission of the United States of America or have received an exemption
    30  therefrom for reasons other than said offering is an intrastate offering
    31  to residents of the state of New York only.
    32    (b)  Residential  environments  that are formed as housing development
    33  fund corporations pursuant to article XI of the private housing  finance
    34  law  and  section four hundred two of the business corporation law where
    35  such residential environment is formed for  persons  receiving  services
    36  under  the innovative housing initiative established by section 16.38 of
    37  the mental hygiene law and where the division of housing  and  community
    38  renewal  is  the  supervising  agency as defined by section five hundred
    39  seventy-two of the private housing finance law, and where  the  division
    40  of  housing  and community renewal requires the housing development fund
    41  corporation to enter into a monitoring agreement with a  qualified  not-
    42  for-profit  with  experience in the oversight, support and management of
    43  housing development fund corporations shall be exempt  from  any  filing
    44  requirements  of  section  three hundred fifty-two-e of this article for
    45  the investment in any residential environments and the conversion of any
    46  building, group of buildings or development which  are  converted  to  a
    47  housing development fund corporation.
    48    § 4. This act shall take effect immediately.