S T A T E O F N E W Y O R K
________________________________________________________________________
3932
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
___________
Introduced by M. of A. RAIA, BARRA, CALHOUN, FINCH, McDONOUGH, WALKER --
Multi-Sponsored by -- M. of A. ALFANO, CONTE, CROUCH, THIELE, TOWNSEND
-- read once and referred to the Committee on Mental Health, Mental
Retardation and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to requiring munici-
pal approval of community residential facility site selection and to
require a public hearing on such siting and to amend the real property
tax law, in relation to removing the tax exemption for community resi-
dences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (c) of section 41.34 of the mental hygiene law,
as amended by chapter 1024 of the laws of 1981, subparagraph (C) of
paragraph 1 as amended by chapter 823 of the laws of 1992, is amended to
read as follows:
(c) (1) When a site has been selected by the sponsoring agency, it
shall notify the chief executive officer of the municipality in writing
and include in such notice the specific address of the site, the type of
community residence, the number of residents and the community support
requirements of the program. Such notice shall also contain the most
recently published data compiled pursuant to [section four hundred
sixty-three of] the social services law which can reasonably be expected
to permit the municipality to evaluate all such facilities affecting the
nature and character of the area wherein such proposed facility is to be
located. The municipality shall [have forty days after the receipt of
such notice to:
(A) approve the site recommended by the sponsoring agency;
(B) suggest one or more suitable sites within its jurisdiction which
could accommodate such a facility; or
(C) object to the establishment of a facility of the kind described by
the sponsoring agency because to do so would result in such a concen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06596-01-9
A. 3932 2
tration of community residential facilities for the mentally disabled in
the municipality or in the area in proximity to the site selected or a
combination of such facilities with other community residences or simi-
lar 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 or developmental disabilities operated pursuant
to article sixteen or article thirty-one of this chapter and all similar
residential facilities of fourteen or less residents 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 sponsoring agency and the
commissioner. If the municipality does not respond within forty days,
the sponsoring agency may establish a community residence at a site
recommended in its notice.
(2) Prior to forwarding a response to the sponsoring agency and the
commissioner, the municipality may hold a public hearing pursuant to
local law.
(3) If the municipality approves the site recommended by the sponsor-
ing agency, the sponsoring agency shall seek to establish the facility
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 of the proposed facility and the area in which such site
or sites are located does not already include an excessive number of
community residential facilities for the mentally disabled or similar
facilities licensed by other state agencies, the sponsoring agency shall
seek to establish its facility at one of the sites designated by the
municipality.
If the municipality suggests a site or sites which are not satisfac-
tory to the sponsoring agency, the agency shall so notify the munici-
pality which shall have fifteen days to suggest an alternative site or
sites for the proposed community residential facility.
(5) In the event the municipality objects to establishment of a facil-
ity in the municipality because to do so would result in such a concen-
tration of community residential facilities for the mentally disabled or
combination of such facilities and other facilities licensed by other
state agencies that the nature and character of areas within the munici-
pality would be substantially altered; or the sponsoring agency objects
to the establishment of a facility in the area or areas suggested by the
municipality; or in the event that the municipality and sponsoring agen-
cy cannot agree upon a site, either the sponsoring agency or the munici-
pality 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 facilities in the
municipality shall be considered as shall the existing concentration of
such facilities and 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 or
the office of mental retardation and developmental disabilities. The
commissioner shall sustain the objection if he determines that the
nature and character of the area in which the facility is to be based
A. 3932 3
would be substantially altered as a result of establishment of the
facility. The commissioner shall make a determination within thirty
days of the hearing] CONDUCT A PUBLIC HEARING CONCERNING THE LOCATION OF
SUCH FACILITY WITHIN THIRTY DAYS OF RECEIPT OF SUCH NOTICE.
(2) WITHIN NINETY DAYS THE MUNICIPALITY SHALL APPROVE OR REJECT THE
SITING OF SUCH FACILITY AND SUCH APPROVAL OR REJECTION SHALL BE
FORWARDED TO THE COMMISSIONER. UPON DENIAL OF SUCH SITE BY THE MUNICI-
PALITY, THE SPONSORING AGENCY MUST WITHDRAW ITS PLANS FOR SUCH SITE AND
MAY NOT SUBMIT PLANS FOR SUCH SITE AGAIN FOR AT LEAST ONE YEAR.
S 2. Paragraph (a) of subdivision 1 of section 422 of the real proper-
ty tax law, as amended by chapter 409 of the laws of 1993, is amended to
read as follows:
(a) Real property owned by a not-for-profit corporation organized
pursuant to the not-for-profit corporation law and the provisions of
article two of the private housing finance law, used exclusively to
provide housing and auxiliary facilities for faculty members, students,
employees, nurses, interns, resident physicians, researchers and other
personnel and their immediate families in attendance or employed at
colleges, universities, educational institutions, child care insti-
tutions, hospitals and medical research institutes, or for handicapped
or aged persons of low income, or owned by non-profit nursing home
companies organized pursuant to the not-for-profit corporation law and
the provisions of article twenty-eight-A of the public health law, used
exclusively to provide facilities for nursing care to sick, invalid,
infirm, disabled or convalescent persons of low income, or to provide
health-related service as defined in article twenty-eight of the public
health law to persons of low income, or any combination of the forego-
ing, and in addition thereto, to provide nursing care and health-related
service, or either of them, to persons of low income who are not occu-
pants of the project, or owned by housing development fund companies
organized pursuant to the not-for-profit corporation law and article
eleven of the private housing finance law, used exclusively to provide
housing for handicapped or aged persons of low income, and financed by a
federally-aided mortgage as defined in said article eleven, [or owned by
companies organized pursuant to the not-for-profit corporation law and
the provisions of article seventy-five of the mental hygiene law, used
exclusively to provide care, treatment, training, education and residen-
tial accommodations for operation as hostels for the mentally ill or
mentally retarded,] or owned by companies organized pursuant to the
membership corporations law and the provisions of article seven-A of the
private housing finance law, used exclusively to provide programs,
services and other facilities for the aging, shall be exempt from taxa-
tion and exempt from special ad valorem levies and special assessments
to the extent provided in section four hundred ninety of this chapter,
provided, however, that in a city having a population of one million or
more real property owned by any such corporation which is to provide
housing accommodations, substantially all of which are or are to be
assisted by rent subsidies made or to be made available by the Federal
government pursuant to a contract under section eight of the United
States Housing Act of nineteen hundred thirty-seven, as amended, or
pursuant to a project rental assistance contract under section two
hundred two of the United States Housing Act of nineteen hundred fifty-
nine, as amended, or pursuant to a project rental assistance contract
under section eight hundred eleven of the National Affordable Housing
Act of nineteen hundred ninety, as amended, shall from and after the
commencement of construction be subject to taxation or exempt therefrom
A. 3932 4
to the extent approved by a municipality acting through its local legis-
lative body, as such local legislative body is defined in [paragraph]
SUBDIVISION twelve of section two of the private housing finance law. No
such corporation or company shall pay a dividend on any of its stock or
pay interest on any of its debentures. Provided further, however, in a
county having a population of one million or more and having not more
than three towns within such county, real property owned by housing
development fund companies organized pursuant to the not-for-profit
corporation law and article eleven of the private housing finance law,
used exclusively to provide housing for handicapped or aged persons of
low income, and financed by a federally-aided mortgage as defined in
said article eleven shall from and after the commencement of
construction be subject to taxation or exempt therefrom to the extent
approved by a municipality acting through its local legislative body, as
such local legislative body is defined in [paragraph] SUBDIVISION twelve
of section two of the private housing finance law. Any tax payments
and/or payments in lieu of taxes made to a municipality pursuant to the
preceding sentence shall not be passed through nor become the liability
of any of the occupants of such property.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.