S T A T E O F N E W Y O R K
________________________________________________________________________
5556
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. V. LOPEZ, SCHROEDER -- 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 a
mandatory public hearing prior to the site selection for a "community
residential facility" and repealing certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 1 of subdivision (a) of section 41.34 of the
mental hygiene law is REPEALED and a new paragraph 1 is added to read as
follows:
(1) "COMMUNITY RESIDENTIAL FACILITY" MEANS ANY FACILITY OPERATED OR
SUBJECT TO LICENSURE BY THE STATE WHICH PROVIDES A SUPERVISED RESIDENCE
FOR MENTALLY, EMOTIONALLY, PHYSICALLY, OR SOCIALLY DISABLED PERSONS OR
FOR PERSONS IN NEED OF SUPERVISION OR JUVENILE DELINQUENTS. THIS TERM
INCLUDES, BUT IS NOT LIMITED TO, COMMUNITY RESIDENCES FOR THE MENTALLY
DISABLED OPERATED OR LICENSED BY THE OFFICES OF MENTAL HEALTH OR MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES OR BY THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES, AGENCY OPERATED BOARDING HOMES, GROUP
HOMES OR PRIVATE PROPRIETARY HOMES FOR ADULTS OPERATED OR LICENSED BY
THE DEPARTMENT OF FAMILY ASSISTANCE, GROUP HOMES, CONTRACT HOMES AND
URBAN HOMES OPERATED OR LICENSED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES AND HALF-WAY HOUSES OPERATED OR LICENSED BY THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES.
S 2. Paragraph 2 of subdivision (a) of section 41.34 of the mental
hygiene law, as amended by chapter 1024 of the laws of 1981, is amended
to read as follows:
(2) "Sponsoring agency" means an agency or unit of government, a
voluntary agency or any other person or organization which intends to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08444-01-9
A. 5556 2
establish or operate a community residential facility [for the disa-
bled].
S 3. Subdivision (b) of section 41.34 of the mental hygiene law, as
amended by chapter 1024 of the laws of 1981, is amended to read as
follows:
(b) If a sponsoring agency intends to establish a residential facility
[for the disabled] within a municipality but does not have a specific
site selected, it [may] SHALL notify the chief executive officer of the
municipality in writing NINETY DAYS PRIOR TO THE TAKING OF ANY OTHER
ACTION RELATED THERETO, INCLUDING BUT NOT LIMITED TO, THE SELECTION OF
THE SPECIFIC SITE, of its intentions and include in such notice a
description of the nature, size and community support requirements of
the program. Provided, however, nothing in this subdivision shall
preclude the proposed establishment of a site pursuant to subdivision
(c) of this section.
S 4. Subdivision (c) of section 41.34 of the mental hygiene law, as
amended by chapter 1024 of the laws of 1981 and 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] ARTICLE SEVEN of the social services law which can reason-
ably be expected to permit the municipality to evaluate all such facili-
ties 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-
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
similar facilities licensed by other agencies of state government,
including all community residences, intermediate care facilities, resi-
dential care facilities for adults and residential treatment facilities
for individuals with mental illness or developmental disabilities oper-
ated 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 char-
acter 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] SHALL hold a public hearing pursu-
ant to local law.
A. 5556 3
(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 OR SHE determines that
the nature and character of the area in which the facility is to be
based would be substantially altered as a result of establishment of the
facility. The commissioner shall make a determination within thirty
days of the hearing.
S 5. This act shall take effect immediately and shall apply to the
siting of community residential facilities on or after such date.