S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1522

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. COLTON, GREENE -- read once and referred to the
  Committee on Mental Health, Mental Retardation and Developmental Disa-
  bilities

AN ACT to amend the mental hygiene law, in relation to community notifi-
  cation requirements for supportive housing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1.03 of the mental hygiene law is amended by adding
a new subdivision 56 to read as follows:
  56. "SUPPORTED HOUSING" MEANS ANY PROGRAM WHOSE OBJECTIVE IS TO ASSIST
MENTALLY  DISABLED  PERSONS  IN LOCATING AND SECURING MAINSTREAM HOUSING
AND IN ACCESSING THE SUPPORT SERVICES NECESSARY TO LIVE SUCCESSFULLY  IN
THE COMMUNITY.
  S  2.  The mental hygiene law is amended by adding a new section 41.58
to read as follows:
S 41.58 COMMUNITY NOTIFICATION FOR SUPPORTED HOUSING PROGRAMS.
  (A) WHERE THE OFFICE OF MENTAL HYGIENE CONTRACTS WITH ANY  PRIVATE  OR
NOT-FOR-PROFIT  ORGANIZATION  TO PROVIDE SUPPORTED HOUSING, AS SUCH TERM
IS DEFINED IN SECTION 1.03 OF THIS CHAPTER, TO MENTALLY  DISABLED  INDI-
VIDUALS  WITHIN  A  CITY  WITH  A POPULATION OF ONE MILLION OR MORE, THE
PROVISIONS OF THIS SECTION SHALL APPLY.
  (B) (1) WHEN A  PRIVATE  OR  NOT-FOR-PROFIT  ORGANIZATION  INTENDS  TO
PROVIDE  SUPPORTED  HOUSING UNITS TO MENTALLY DISABLED INDIVIDUALS WHICH
SHALL COMPRISE MORE THAN THIRTY-THREE PERCENT OF THE UNITS IN  A  BUILD-
ING, IT SHALL NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY AND
THE  CHAIR  OF THE LOCAL COMMUNITY PLANNING BOARD IN WRITING AND INCLUDE
IN SUCH NOTICE THE  SPECIFIC  ADDRESS  OF  THE  PROPOSED  SITE  AND  THE
REQUIREMENTS  OF  THE  PROGRAM.  THE  MUNICIPALITY SHALL HAVE FORTY DAYS
AFTER THE RECEIPT OF SUCH NOTICE TO:
  (A) APPROVE THE SITE RECOMMENDED BY THE ORGANIZATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04309-01-9

A. 1522                             2

  (B) SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS  JURISDICTION  WHICH
COULD ACCOMMODATE SUCH HOUSING; OR
  (C)  OBJECT TO SUCH HOUSING PLACEMENT BECAUSE TO DO SO WOULD RESULT IN
SUCH A CONCENTRATION OF COMMUNITY RESIDENTIAL FACILITIES FOR THE MENTAL-
LY DISABLED IN THE AREA IN PROXIMITY TO THE SITE SELECTED OR A  COMBINA-
TION  OF  SUCH  FACILITIES  WITH  OTHER  COMMUNITY RESIDENCES OR SIMILAR
FACILITIES LICENSED BY OTHER AGENCIES OF STATE GOVERNMENT, INCLUDING ALL
COMMUNITY RESIDENCES, INTERMEDIATE  CARE  FACILITIES,  RESIDENTIAL  CARE
FACILITIES  FOR ADULTS AND RESIDENTIAL TREATMENT FACILITIES FOR INDIVID-
UALS WITH MENTAL ILLNESS OPERATED PURSUANT TO ARTICLE THIRTY-ONE OF THIS
CHAPTER AND ALL SIMILAR RESIDENTIAL FACILITIES OF FOURTEEN OR LESS RESI-
DENTS OPERATED OR LICENSED BY ANOTHER STATE AGENCY, THAT THE NATURE  AND
CHARACTER  OF  THE  AREAS WITHIN THE MUNICIPALITY WOULD BE SUBSTANTIALLY
ALTERED.
  SUCH RESPONSE SHALL BE FORWARDED TO THE ORGANIZATION AND THE OFFICE OF
MENTAL HEALTH. IF THE MUNICIPALITY DOES NOT RESPOND WITHIN  FORTY  DAYS,
THE  ORGANIZATION  MAY  PLACE THE INDIVIDUALS AT THE SITE RECOMMENDED IN
ITS NOTICE.
  (2) PRIOR TO FORWARDING A RESPONSE TO THE ORGANIZATION AND THE  OFFICE
OF MENTAL HEALTH, THE MUNICIPALITY MAY HOLD A PUBLIC HEARING PURSUANT TO
LOCAL LAW.
  (3) IF THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE ORGANIZA-
TION,  THE  ORGANIZATION MAY PROCEED TO PLACE THE INDIVIDUALS IN HOUSING
UNITS AT THE APPROVED SITE.
  (4) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY  ARE  SATISFAC-
TORY  WITH REGARD TO THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIREMENTS
OF THE PROGRAM AND THE AREA IN WHICH SUCH SITE OR SITES ARE LOCATED DOES
NOT ALREADY INCLUDE AN EXCESSIVE NUMBER OF COMMUNITY RESIDENTIAL FACILI-
TIES FOR THE MENTALLY DISABLED OR SIMILAR FACILITIES LICENSED  BY  OTHER
STATE AGENCIES, THE ORGANIZATION MAY PLACE THE INDIVIDUALS AT ONE OF THE
SITES DESIGNATED BY THE MUNICIPALITY.
  (5)  IF THE MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATIS-
FACTORY TO THE ORGANIZATION, THE ORGANIZATION SHALL SO NOTIFY THE  MUNI-
CIPALITY WHICH SHALL HAVE FIFTEEN DAYS TO SUGGEST AN ALTERNATIVE SITE OR
SITES.
  (6) IN THE EVENT THE MUNICIPALITY OBJECTS TO THE LOCATION OF SUPPORTED
HOUSING  IN  THE  AREA OR AREAS SUGGESTED BY THE ORGANIZATION; OR IN THE
EVENT THAT THE MUNICIPALITY AND ORGANIZATION CANNOT AGREE UPON  A  SITE,
EITHER  THE  ORGANIZATION  OR  THE MUNICIPALITY MAY REQUEST AN IMMEDIATE
HEARING BEFORE THE COMMISSIONER TO RESOLVE THE ISSUE.  THE  COMMISSIONER
SHALL  PERSONALLY  OR BY A HEARING OFFICER CONDUCT SUCH A HEARING WITHIN
FIFTEEN DAYS OF SUCH A REQUEST.
  IN REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH SUPPORTED  HOUSING
IN  THE  MUNICIPALITY  SHALL BE CONSIDERED AS SHALL THE EXISTING CONCEN-
TRATION OF OTHER SIMILAR FACILITIES LICENSED BY OTHER STATE AGENCIES  IN
THE  MUNICIPALITY  OR  IN THE AREA IN PROXIMITY TO THE SITE SELECTED AND
ANY OTHER FACILITIES IN THE MUNICIPALITY OR IN THE AREA IN PROXIMITY  TO
THE SITE SELECTED PROVIDING RESIDENTIAL SERVICES TO A SIGNIFICANT NUMBER
OF  PERSONS WHO HAVE FORMERLY RECEIVED IN-PATIENT MENTAL HEALTH SERVICES
IN FACILITIES OF THE OFFICE OF MENTAL  HEALTH.  THE  COMMISSIONER  SHALL
SUSTAIN  THE OBJECTION IF HE DETERMINES THAT THE NATURE AND CHARACTER OF
THE AREA IN WHICH THE HOUSING IS TO  BE  BASED  WOULD  BE  SUBSTANTIALLY
ALTERED  AS  A  RESULT OF THE LOCATION OF SUCH HOUSING. THE COMMISSIONER
SHALL MAKE A DETERMINATION WITHIN THIRTY DAYS OF THE HEARING.

A. 1522                             3

  (C) FOR THE PURPOSES OF THIS SECTION THE TERM "HOUSING UNIT" SHALL  BE
THE  SAME  AS  SUCH TERM IS DEFINED IN THE LOCAL BUILDING CODE OF A CITY
WITH A POPULATION OF ONE MILLION OR MORE.
  S 3. This act shall take effect immediately.