Senate Bill S3078

2011-2012 Legislative Session

Relates to the discharge of residents of a community residence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

2011-S3078 (ACTIVE) - Details

See Assembly Version of this Bill:
A8472
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§41.33, 41.41 & 41.44, Ment Hyg L; add §713-b, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3486
2013-2014: S955, A6045
2015-2016: S557, A7024
2017-2018: S3422, A3465
2019-2020: S4894, A2999
2021-2022: S5225
2023-2024: S6398

2011-S3078 (ACTIVE) - Summary

Relates to the discharge of residents of a community residence; provides that nothing shall be deemed construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident; defines community residence.

2011-S3078 (ACTIVE) - Sponsor Memo

2011-S3078 (ACTIVE) - Bill Text download pdf

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

                                  3078

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08708-01-1

              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.