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.