Bill Text: NY S08521 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
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. LBD14727-10-2S. 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.
