Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 25, 2012 |
referred to mental health delivered to assembly passed senate |
Mar 19, 2012 |
advanced to third reading |
Mar 15, 2012 |
2nd report cal. |
Mar 14, 2012 |
1st report cal.354 |
Jan 04, 2012 |
referred to mental health and developmental disabilities returned to senate died in assembly |
Jun 16, 2011 |
referred to mental health delivered to assembly passed senate |
Jun 13, 2011 |
advanced to third reading |
Jun 07, 2011 |
2nd report cal. |
Jun 06, 2011 |
1st report cal.1002 |
Feb 08, 2011 |
referred to mental health and developmental disabilities |
Senate Bill S3078
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S3078 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8472
- Current Committee:
- Assembly Mental Health
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§41.33, 41.41 & 41.44, Ment Hyg L; add §713-b, RPAP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3486
2013-2014: S955, A6045
2015-2016: S557, A7024
2017-2018: S3422, A3465
2019-2020: S4894, A2999
2021-2022: S5225
2023-2024: S6398
2011-S3078 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3078 REVISED 06/06/11 TITLE OF BILL: 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 PURPOSE: This bill clarifies that the discharge of a resident from a community residence licensed or operated by the Office of Mental Health (OMH) or the Office of People with Developmental Disabilities (OPWDD) shall be governed by the regulations of those agencies, respectively, and shall not be considered to involve a relationship of landlord and tenant. SUMMARY OF PROVISIONS: Section 1 of the bill would amend Mental Hygiene Law (MHL) § 41.33 to clarify that there is no landlord-tenant relationship between the operator of a community residence for the mentally disabled and a resident. Section 2 of the bill would amend MHL § 41.41 to clarify that there is no landlord-tenant relationship between the operator of a community residence licensed or operated by OPWDD and a resident of such community residence.
2011-S3078 (ACTIVE) - Bill Text download pdf
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: Section 1. Section 41.33 of the mental hygiene law, as amended by chapter 298 of the laws of 1984, is amended to read as follows: S 41.33 Community residences for the mentally disabled. The commissioner shall have the power to operate or cause to be oper- ated community residential facilities for the mentally disabled. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP OF LANDLORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESIDENT THER- EOF. Within amounts available therefor and subject to regulations estab- lished by him OR HER and notwithstanding any other provisions of this article, he OR SHE may provide state aid to local governments and to voluntary agencies (i) in an amount not to exceed fifty percent for acquisition or construction of such community residences, and (ii) in an amount not to exceed fifty percent for the total operating costs of community residences except community residences for the mentally ill. Such state aid to voluntary agencies shall not be granted unless there has been prior approval of the proposed community residence by the local governmental unit. S 2. Section 41.41 of the mental hygiene law is amended by adding a new subdivision 3 to read as follows: 3. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED 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
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