S T A T E   O F   N E W   Y O R K
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                                  5277

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced  by  M.  of  A. HEVESI, THIELE, ENGLEBRIGHT, RAMOS, HOOPER --
  read once and referred to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the general business law, in relation to  improving  the
  operation  of  sober  living  homes and to establish and enforce regu-
  lations pertaining to such homes; to amend the mental hygiene law,  in
  relation  to the certification of sober living homes; and to amend the
  social services law, in relation to sober living homes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Declaration of findings and legislative intent. The legis-
lature hereby finds and declares that there is an urgent need to improve
the operation of sober living homes. A sober living home is intended  to
provide  affordable,  drug and alcohol free environments for persons who
are enrolled in out-patient treatment or recovering from a drug or alco-
hol addiction. The mission of a sober living home is to promote recovery
and allow individuals to become self supporting. In order to  meet  this
mission,  residents  must be afforded a safe, sanitary, and secure envi-
ronment.
  The legislature further finds that far  too  many  sober  living  home
operators  fail to provide the atmosphere necessary for residents. While
there certainly are some well-run sober living homes that truly  aim  to
assist  those  in  recovery,  many of these homes are often overcrowded,
drug and alcohol infested, unsanitary,  and  incompetently  managed.  In
order  to ensure that appropriate living standards are being maintained,
regulations pertaining to the operation of sober living  homes  must  be
established and enforced.
  The  legislature  further  finds and declares that it is the intent of
the legislature to prevent recidivism, injury, and death  among  persons
seeking  housing  in  a  sober living home by establishing and enforcing
operational standards. By ensuring that appropriate standards are estab-
lished and enforced, communities which host a  sober  living  home  will

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02337-01-5
              

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also benefit. By authorizing the state to certify establishments meeting
the  criteria  necessary  to  provide an appropriate environment, and by
allowing localities to inspect the establishments,  safe  and  effective
sober living homes can continue to improve people's lives.
  The  legislature  has further learned that many communities in Suffolk
county are burdened with a  disproportionate  share  of  poorly-operated
sober living homes. Instituting a pilot certification program in Suffolk
county,  administered  by  the  office of alcoholism and substance abuse
services, will ensure that sober living homes  maintain  an  appropriate
environment  without  disrupting  the quality of life in the surrounding
community.
  S 2. The general business law is amended by adding a new  section  210
to read as follows:
  S  210. SOBER LIVING HOMES. 1. A "SOBER LIVING HOME" SHALL MEAN A HOME
LOCATED IN SUFFOLK COUNTY THAT IS OPERATED, WHETHER FOR PROFIT  OR  NOT,
FOR TRANSITIONAL RECOVERY PURPOSES OF INDIVIDUALS AFFLICTED WITH ALCOHOL
OR  SUBSTANCE  ABUSE DEPENDENCIES. SUCH HOMES SHALL HAVE, AS ITS PRIMARY
PURPOSE, THE REINTEGRATION OF SUCH AFFLICTED PERSONS INTO  SOCIETY  WITH
ACCOMPANYING  MONITORING AND SUPPORT, AND SHALL PROVIDE A SAFE, SUPPORT-
IVE, DRUG FREE LIVING ENVIRONMENT. HOMES ESTABLISHED AS "HALF-WAY HOUSES
OR HOMES" AND/OR "RECOVERY HOUSES OR HOMES" SHALL BE  INCLUDED  IN  THIS
DEFINITION.
  2.  AN OWNER, OPERATOR, OR LANDLORD, MAY NOT HOLD THEMSELVES OUT TO BE
OR ADVERTISE TO BE A "SOBER LIVING HOME" IN SUFFOLK COUNTY  UNLESS  THEY
ARE  CERTIFIED  BY, AND REMAIN IN GOOD STANDING WITH, THE NEW YORK STATE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
  3. ANY VIOLATION OF THIS SECTION SHALL RESULT IN A FINE IN THE  AMOUNT
OF TEN THOUSAND DOLLARS.
  S  3.  The mental hygiene law is amended by adding a new article 21 to
read as follows:
                               ARTICLE 21
                   CERTIFICATION OF SOBER LIVING HOMES
SECTION 21.01 AUTHORITY.
        21.03 DEFINITION.
        21.05 CERTIFICATION PROCESS.
        21.07 CERTIFICATION FEE.
        21.09 REVOCATION OF CERTIFICATES.
        21.11 INSPECTIONS.
        21.13 VIOLATIONS.
        21.15 EXCLUSIVITY OF SOBER LIVING HOME TITLE.
        21.17 LISTING OF CERTIFIED SOBER LIVING HOMES.
        21.19 TOLL-FREE HOTLINE.
S 21.01 AUTHORITY.
  THE LEGISLATURE HEREBY DECLARES THAT ALCOHOLISM, SUBSTANCE  ABUSE  AND
CHEMICAL  DEPENDENCE  POSE MAJOR HEALTH AND SOCIAL PROBLEMS FOR INDIVID-
UALS. IT HAS BEEN PROVEN THAT TRANSITIONAL LIVING ENVIRONMENTS CAN  HELP
TO  PREVENT  RECIDIVISM  AFTER  AN  INDIVIDUAL HAS CEASED USING ALCOHOL,
ILLEGAL SUBSTANCES AND CHEMICALS. THE TRAGIC, CUMULATIVE AND OFTEN FATAL
CONSEQUENCES OF RECIDIVISM CAN BE PREVENTED THROUGH THE ESTABLISHMENT OF
QUALITY SOBER LIVING HOMES.
  THE LEGISLATURE RECOGNIZES  LOCALLY  IMPLEMENTED  TRANSITIONAL  LIVING
PROGRAMS  AS  AN EFFECTIVE AVENUE TO AVERT RECIDIVISM. THE PRIMARY GOALS
OF REHABILITATION AND RECOVERY ARE TO RESTORE SOCIAL, FAMILY, LIFESTYLE,
VOCATIONAL, AND ECONOMIC SUPPORTS BY STABILIZING AN  INDIVIDUAL'S  PHYS-
ICAL  AND PSYCHOLOGICAL FUNCTIONING. BY ENSURING THAT SOBER LIVING HOMES

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ARE OFFERING THE ENVIRONMENT NECESSARY FOR SUCH SUCCESS, POSITIVE TREAT-
MENT OUTCOMES CAN BE FURTHER ATTAINED.
  THE  STATE  OF NEW YORK AND LOCAL GOVERNMENTS HAVE A RESPONSIBILITY TO
COORDINATE THE DELIVERY OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,
THROUGH  THE ENTIRE PROCESS OF RECOVERY. TO ACCOMPLISH THESE OBJECTIVES,
THE LEGISLATURE DECLARES THAT THE ESTABLISHMENT OF A PILOT  PROGRAM  FOR
CERTIFICATION  OF  SOBER  LIVING HOMES IN SUFFOLK COUNTY WILL PROVIDE AN
INTEGRATED FRAMEWORK TO FURTHER PLAN, OVERSEE, AND REGULATE THE  STATE'S
PREVENTION  AND  TREATMENT NETWORK. IN RECOGNITION OF THE GROWING TRENDS
AND INCIDENCES OF RECIDIVISM, THIS OVERSIGHT ALLOWS THE STATE TO RESPOND
TO  THE  RECOVERY  NEEDS  OF  INDIVIDUALS  SUFFERING  FROM   ALCOHOLISM,
SUBSTANCE ABUSE AND CHEMICAL DEPENDENCY.
S 21.03 DEFINITION.
  FOR  THE  PURPOSES OF THIS SECTION, A "SOBER LIVING HOME" SHALL MEAN A
HOME LOCATED IN SUFFOLK COUNTY THAT IS OPERATED, WHETHER FOR  PROFIT  OR
NOT,  FOR  TRANSITIONAL  RECOVERY PURPOSES OF INDIVIDUALS AFFLICTED WITH
ALCOHOL OR SUBSTANCE ABUSE DEPENDENCIES. SUCH HOMES SHALL HAVE,  AS  ITS
PRIMARY PURPOSE, THE REINTEGRATION OF SUCH AFFLICTED PERSONS INTO SOCIE-
TY  WITH  ACCOMPANYING MONITORING AND SUPPORT, AND SHALL PROVIDE A SAFE,
SUPPORTIVE, DRUG FREE LIVING ENVIRONMENT. HOMES ESTABLISHED AS "HALF-WAY
HOUSES OR HOMES" AND/OR "RECOVERY HOUSES OR HOMES" SHALL BE INCLUDED  IN
THIS DEFINITION.
S 21.05 CERTIFICATION PROCESS.
  (A)  THE  OFFICE  SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR
THE IMPLEMENTATION OF A PILOT PROGRAM FOR CERTIFICATION OF SOBER  LIVING
HOMES IN SUFFOLK COUNTY IN COOPERATION WITH THE SUFFOLK GROUP HOME OVER-
SIGHT  BOARD  AND  THE SUFFOLK COUNTY EXECUTIVE.  PROVIDED HOWEVER, THAT
ANY RULES OR REGULATIONS ADOPTED MUST INCLUDE A PROVISION  REQUIRING  AN
INSPECTION  OF THE PROPOSED SOBER LIVING HOME PRIOR TO THE COMPLETION OF
THE CERTIFICATION PROCESS.
  (B) IN ADDITION TO ANY STANDARDS PROMULGATED BY THE OFFICE,  OPERATORS
OF SOBER LIVING HOMES SHALL, AT A MINIMUM:
  (1)  OPERATE IN ACCORDANCE WITH ALL FEDERAL, STATE, AND LOCAL BUILDING
CODES AND ORDINANCES TO THE EXTENT PRACTICABLE IN  ACCORDANCE  WITH  THE
FEDERAL FAIR HOUSING ACT.
  (2)  BE  OPERATED OR MANAGED BY PEOPLE WITH AT LEAST TWO YEARS EMPLOY-
MENT EXPERIENCE WITH PEOPLE WITH SUBSTANCE  ABUSE  DISORDERS.  OPERATORS
MAY NOT HAVE ANY PRIOR FELONY CONVICTIONS.
  (3)  BE  AFFILIATED WITH A TREATMENT PROGRAM APPROVED BY THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
  (4) ESTABLISH AND ENFORCE A ZERO TOLERANCE POLICY FOR  ALCOHOLISM  AND
SUBSTANCE ABUSE.
  (5)  PROVIDE  FURNISHED  LIVING  SPACES  IN  ACCORDANCE WITH ALL LOCAL
ZONING AND HOUSING STANDARDS.
  (C) SUCH CERTIFICATE SHALL SPECIFY:
  (1) THE NAME OF THE HOLDER OF THE CERTIFICATE.
  (2) THE ADDRESS TO WHICH THE CERTIFICATE APPLIES.
  (3) THE MAXIMUM NUMBER OF PERSONS TO RESIDE IN THE HOME.
  (D) SUCH CERTIFICATE SHALL BE PUBLICLY DISPLAYED AT THE HOME.
  (E) CERTIFICATES  ARE  NON-TRANSFERABLE  TO  NEW  OWNERSHIP  OR  OTHER
LOCATIONS.
  (F)  NOTHING  IN  THIS  SECTION SHALL RELIEVE CERTIFICATE HOLDERS FROM
COMPLYING WITH OTHER PROVISIONS OF THIS ARTICLE,  NOR  SHALL  POWERS  OR
DUTIES  OF THE OFFICE GRANTED OR IMPOSED BY OTHER SECTIONS OF THIS ARTI-
CLE BE CIRCUMSCRIBED BY THIS SECTION. FURTHER, NOTHING IN  THIS  SECTION
SHALL  RELIEVE  CERTIFICATE HOLDERS FROM COMPLYING WITH OTHER APPLICABLE

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PROVISIONS OF SUFFOLK COUNTY LAW OR REGULATION WHICH DO NOT VIOLATE THIS
ARTICLE.
S 21.07 CERTIFICATION FEE.
  THE  OFFICE  IS  HEREBY AUTHORIZED TO IMPOSE A REASONABLE FEE TO APPLY
FOR A CERTIFICATE. THE OFFICE IS ALSO AUTHORIZED TO COLLECT  A  BIANNUAL
RE-CERTIFICATION FEE OF FIVE HUNDRED DOLLARS FROM APPLICANTS AND HOLDERS
OF  SOBER  LIVING  HOME  CERTIFICATES  IN ORDER TO IMPLEMENT THE CERTIF-
ICATION PROCESS AND OVERSEE COMPLIANCE THEREWITH. CERTIFICATION MUST  BE
RENEWED  EVERY  TWO YEARS. ONE-HALF OF THE REVENUE GENERATED BY THIS FEE
SHALL BE REMITTED TO SUFFOLK COUNTY.  THE OFFICE SHALL HAVE THE AUTHORI-
TY TO WAIVE THIS FEE AT ITS DISCRETION.
S 21.09 REVOCATION OF CERTIFICATES.
  (A) THE OFFICE SHALL HAVE THE AUTHORITY TO REVOKE A CERTIFICATE  IF  A
SOBER  LIVING  HOME  CEASES  TO  MEET THE STANDARDS PROVIDED OR WITH THE
PROVISIONS OF ANY OTHER APPLICABLE STATE OR SUFFOLK COUNTY LAW OR  REGU-
LATION.  THE  HOLDER  OF  THE CERTIFICATE SHALL BE GIVEN AT LEAST THIRTY
DAYS WRITTEN NOTICE AND THE OPPORTUNITY TO BE HEARD PRIOR TO REVOCATION.
  (B) THE COMMISSIONER MAY IMMEDIATELY REVOKE A CERTIFICATE IF THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT THE CONTINUED OPERATION OF THE  SOBER
LIVING HOME PRESENTS AN IMMEDIATE DANGER TO RESIDENTS OF THE HOME OR THE
GENERAL  PUBLIC.  SUCH ACTION MUST BE MADE IN WRITING TO THE CERTIFICATE
HOLDER, AND MAY LAST NO LONGER THAN THIRTY DAYS, DURING WHICH  TIME  THE
COMMISSIONER  SHALL  MAKE A FINAL DETERMINATION AFTER GIVING THE CERTIF-
ICATE HOLDER AN OPPORTUNITY TO BE HEARD.
S 21.11 INSPECTIONS.
  THE OFFICE SHALL, IN COORDINATION WITH THE SUFFOLK  COUNTY  DEPARTMENT
OF  COMMUNITY  MENTAL HYGIENE SERVICES, PROMULGATE RULES AND REGULATIONS
REGARDING THE INSPECTION OF CERTIFIED SOBER LIVING  HOMES  IN  ORDER  TO
ENSURE  THAT  EACH  HOME  IS IN COMPLIANCE WITH ALL APPLICABLE RULES AND
REGULATIONS.
S 21.13 VIOLATIONS.
  ANY CERTIFIED SOBER LIVING HOME THAT IS FOUND BY THE OFFICE TO  BE  IN
VIOLATION  OF  ANY PROVISION OF THIS ARTICLE OR ANY OTHER STATE, COUNTY,
TOWN, OR VILLAGE LAW OR REGULATION MAY BE FINED. A FINE MAY  BE  IMPOSED
FOR EACH DAY THAT A SOBER LIVING HOME REMAINS IN VIOLATION OF THIS ARTI-
CLE  OR  ANY OTHER STATE OR COUNTY LAW OR REGULATION. THE DAILY FINE MAY
NOT EXCEED ONE THOUSAND DOLLARS PER DAY, AND IN NO EVENT MAY  THE  TOTAL
FINE  AMOUNT  EXCEED  FIVE  THOUSAND  DOLLARS  ANNUALLY EXCEPT FOR FINES
ISSUED PURSUANT TO SECTION TWO HUNDRED TEN OF THE GENERAL BUSINESS  LAW.
SUCH  FINE MAY BE IN LIEU OF, OR IN ADDITION TO, CERTIFICATE REVOCATION.
ONE-HALF OF ANY FINES ASSESSED SHALL BE REMITTED TO SUFFOLK COUNTY.
S 21.15 EXCLUSIVITY OF SOBER LIVING HOME TITLE.
  NO OWNER, OPERATOR OR LANDLORD MAY HOLD A PROPERTY OUT TO BE OR ADVER-
TISE A PROPERTY AS A SOBER HOME OR SOBER LIVING HOME IN  SUFFOLK  COUNTY
UNLESS THE PROPERTY IS CERTIFIED BY THE OFFICE.
S 21.17 LISTING OF CERTIFIED SOBER LIVING HOMES.
  THE  OFFICE SHALL MAINTAIN AN ONLINE LISTING, AVAILABLE TO THE PUBLIC,
OF ALL CERTIFIED SOBER LIVING HOMES IN SUFFOLK COUNTY WHICH ARE IN  GOOD
STANDING.
S 21.19 TOLL-FREE HOTLINE.
  THE  OFFICE  SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE TO RECEIVE AND
RESPOND TO COMPLAINTS REGARDING SOBER LIVING HOMES IN SUFFOLK COUNTY.
  S 4. Paragraph (vii) of subdivision (g), subdivisions (h) and  (i)  of
section  17  of  the social services law, paragraph (vii) of subdivision
(g) as added by chapter 280 of the laws  of  2002,  subdivision  (h)  as
added  and  subdivision  (i)  as  relettered by section 1 of part K-3 of

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chapter 57 of the laws of 2007, and subdivision (i) as amended by  chap-
ter 110 of the laws of 1971, are amended to read as follows:
  (vii)  emphasize  the  need for the system to hold the abusing partner
responsible by appropriate referrals to law enforcement[.];
  (h) make available on its website all award  allocations  for  request
for  proposals issued by the office of children and family services upon
release of such awards. Such information shall also include  all  organ-
izations  requesting  funding and the amounts requested for each request
for proposal. The office  of  children  and  family  services  may  also
include  any  other  information  related  to each program that it deems
appropriate[.];
  (i) ENSURE THAT ALL RECIPIENTS OF  PUBLIC  ASSISTANCE  WHO  RESIDE  IN
SOBER  LIVING  HOMES,  AS  DEFINED  BY  ARTICLE TWENTY-ONE OF THE MENTAL
HYGIENE LAW, RESIDE IN HOUSING ACCOMMODATIONS  THAT  ARE  IN  COMPLIANCE
WITH  ALL  APPLICABLE  BUILDING CODES, ORDINANCES AND REGULATIONS OF THE
MUNICIPALITY IN WHICH THE HOUSING ACCOMMODATION IS  LOCATED.  REASONABLE
ACCOMMODATIONS  FROM BUILDING CODES, ORDINANCES AND REGULATIONS SHALL BE
MADE PURSUANT TO THE FEDERAL FAIR HOUSING ACT. UPON DISCOVERY THAT  SUCH
HOUSING ACCOMMODATION IS NOT IN COMPLIANCE RECIPIENTS SHALL BE HOUSED IN
EMERGENCY HOUSING OR OTHER ALTERNATIVE TEMPORARY HOUSING UNTIL SUCH TIME
AS THE INITIAL HOUSING ACCOMMODATIONS IN WHICH SUCH RECIPIENT OR RECIPI-
ENTS  RESIDED  IS  BROUGHT  INTO COMPLIANCE WITH ALL APPLICABLE BUILDING
CODES, ORDINANCES AND REGULATIONS OF SUFFOLK COUNTY AND THE MUNICIPALITY
IN WHICH SUCH HOUSING ACCOMMODATION  IS  LOCATED  OR  UNTIL  A  SUITABLE
PERMANENT  HOUSING  ACCOMMODATION  IS LOCATED, WHICHEVER OCCURS EARLIER;
AND
  (J) exercise such other powers and perform such other duties as may be
imposed by law.
  S 5.  Subdivision 2 of section 143-b of the social  services  law,  as
added by chapter 997 of the laws of 1962, is amended to read as follows:
  2.  Every public welfare official shall have power to and may withhold
the payment of any such rent, OR PORTION COMPRISING  RENT  IN  INSTANCES
WHERE  THE  DEPARTMENT  MAKES  ROOM AND BOARD PAYMENTS TO A SOBER LIVING
HOME AS DEFINED BY THE MENTAL HYGIENE LAW, in  any  case  where  he  has
knowledge that there exists or there is outstanding any violation of law
in  respect  to the building containing the housing accommodations occu-
pied by the person entitled  to  such  assistance  which  is  dangerous,
hazardous  or  detrimental  to  life  or  health.  A report of each such
violation shall be made to the appropriate public welfare department  by
the   appropriate   department   or   agency  having  jurisdiction  over
violations.
  S 6.  Severability. If any clause, sentence, paragraph or part of this
act shall be adjudged by any  court  of  competent  jurisdiction  to  be
invalid,  such  judgment  shall  not  affect,  impair  or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 7.  This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  is  authorized  to  be made on or before such effective
date.