S T A T E O F N E W Y O R K
________________________________________________________________________
8472
2011-2012 Regular Sessions
I N A S S E M B L Y
June 17, 2011
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Mental Health
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-
LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
DENT THEREOF.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08708-01-1
A. 8472 2
S 3. Section 41.44 of the mental hygiene law is amended by adding a
new subdivision (h) to read as follows:
(H) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED
IN THIS SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP OF LAND-
LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
DENT THEREOF.
S 4. The real property actions and proceedings law is amended by
adding a new section 713-b to read as follows:
S 713-B. SPECIAL REQUIREMENTS FOR DISCHARGE OF RESIDENTS FROM COMMU-
NITY RESIDENCES OR TERMINATION OF RESIDENCY AGREEMENTS. 1. FOR PURPOSES
OF THIS SECTION, A "COMMUNITY RESIDENCE" SHALL MEAN A COMMUNITY RESI-
DENCE AS DEFINED IN SUBDIVISION TWENTY-EIGHT OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW.
2. NOTWITHSTANDING ANY CONTRARY PROVISIONS OF LAW, NOTHING CONTAINED
IN THIS ARTICLE SHALL BE CONSTRUED AS CREATING A RELATIONSHIP OF LAND-
LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
DENT THEREOF, AND DISCHARGE OF A RESIDENT FROM A COMMUNITY RESIDENCE OR
TERMINATION OF A RESIDENCY AGREEMENT SHALL BE IN ACCORDANCE WITH THE
LAWS, REGULATIONS AND PROCEDURES OF THE OFFICE OF MENTAL HEALTH OR THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS APPLICABLE.
S 5. This act shall take effect immediately.