S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10870
 
                           I N  A S S E M B L Y
 
                               May 25, 2018
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the general business law, the mental hygiene law and the
   social services law, in relation to the improvement and  operation  of
   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
 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 establishment, safe and effective
 sober living homes can continue to improve people's lives.

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

                                                            LBD08588-04-8

 A. 10870                            2
 
   § 2. The general business law is amended by adding a new  section  210
 to read as follows:
   § 210. SOBER LIVING HOMES.  1. A "SOBER LIVING HOME" SHALL MEAN A HOME
 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 REINTE-
 GRATION  OF  SUCH AFFLICTED PERSONS INTO SOCIETY WITH ACCOMPANYING MONI-
 TORING 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.
   2. AN OWNER, OPERATOR, OR LANDLORD, MAY NOT HOLD THEMSELVES OUT TO  BE
 OR  ADVERTISE  TO BE A "SOBER LIVING HOME" UNLESS THEY ARE CERTIFIED BY,
 AND REMAIN IN GOOD STANDING WITH, THE NEW YORK STATE OFFICE OF  ALCOHOL-
 ISM AND SUBSTANCE ABUSE SERVICES.
   3.  ANY VIOLATION OF THIS SECTION SHALL RESULT IN A FINE IN THE AMOUNT
 OF TEN THOUSAND DOLLARS.
   § 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.
 § 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
 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 PROGRAM FOR CERTIF-
 ICATION OF SOBER LIVING HOMES 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 RECIDIV-
 ISM, THIS OVERSIGHT ALLOWS THE STATE TO RESPOND TO THE RECOVERY NEEDS OF
 INDIVIDUALS  SUFFERING  FROM  ALCOHOLISM,  SUBSTANCE  ABUSE AND CHEMICAL
 DEPENDENCY.
 § 21.03 DEFINITION.

 A. 10870                            3
 
   FOR THE PURPOSES OF THIS SECTION, A "SOBER LIVING HOME" SHALL  MEAN  A
 HOME  THAT  IS  OPERATED,  WHETHER  FOR  PROFIT OR NOT, FOR TRANSITIONAL
 RECOVERY PROPOSES 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, 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.
 § 21.05 CERTIFICATION PROCESS.
   1. THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE
 IMPLEMENTATION OF A PROGRAM FOR CERTIFICATION  OF  SOBER  LIVING  HOMES.
 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.
   2.  IN  ADDITION TO ANY STANDARDS PROMULGATED BY THE OFFICE, OPERATORS
 OF SOBER LIVING HOMES SHALL, AT A MINIMUM:
   (A) 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.
   (B) 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.
   (C) BE AFFILIATED WITH A TREATMENT PROGRAM APPROVED BY THE  OFFICE  OF
 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
   (D)  ESTABLISH  AND ENFORCE A ZERO TOLERANCE POLICY FOR ALCOHOLISM AND
 SUBSTANCE ABUSE.
   (E) PROVIDE FURNISHED LIVING  SPACES  IN  ACCORDANCE  WITH  ALL  LOCAL
 ZONING AND HOUSING STANDARDS.
   (F)  HAVE AN OASAS CERTIFIED ABUSE COUNSELOR ON STAFF WHO FOLLOWS EACH
 INDIVIDUAL'S AFTERCARE PLAN AS WELL AS ASSISTS EACH INDIVIDUAL, AS NEED-
 ED, IN FURTHERING THEIR EDUCATION, ACQUIRING JOB TRAINING, AND  SECURING
 EMPLOYMENT SO THEY CAN TRANSITION OUT OF THE SOBER LIVING HOME.
   3. SUCH CERTIFICATE SHALL SPECIFY:
   (A) THE NAME OF THE HOLDER OF THE CERTIFICATE.
   (B) THE ADDRESS TO WHICH THE CERTIFICATE APPLIES.
   (C) THE MAXIMUM NUMBER OF PERSONS TO RESIDE IN THE HOME.
   4. SUCH CERTIFICATE SHALL BE PUBLICLY DISPLAYED AT THE HOME.
   5.  CERTIFICATES  ARE  NON-TRANSFERABLE  TO  NEW  OWNERSHIP  OR  OTHER
 LOCATIONS.
   6. 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
 PROVISIONS  OF  COUNTY LAW OR REGULATION WHICH DO NOT VIOLATE THIS ARTI-
 CLE.
 § 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 THE COUNTY. THE OFFICE SHALL HAVE THE AUTHORITY TO
 WAIVE THIS FEE AT ITS DISCRETION.
 § 21.09 REVOCATION OF CERTIFICATES.

 A. 10870                            4
 
   1. 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 COUNTY  LAW  OR  REGULATION.
 THE  HOLDER OF THE CERTIFICATE SHALL BE GIVEN AT LEAST THIRTY DAYS WRIT-
 TEN NOTICE AND THE OPPORTUNITY TO BE HEARD PRIOR TO REVOCATION.
   2.  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.
 § 21.11 INSPECTIONS.
   THE OFFICE SHALL, IN COORDINATION WITH THE COUNTY DEPARTMENT OF COMMU-
 NITY 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.
 § 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 THE COUNTY.
 § 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 LIVING HOME UNLESS THE PROPERTY IS CERTIFIED
 BY THE OFFICE.
 § 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 WHICH ARE IN GOOD STANDING.
 § 21.19 TOLL-FREE HOTLINE.
   THE  OFFICE  SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE TO RECEIVE AND
 RESPOND TO COMPLAINTS REGARDING SOBER LIVING HOMES.
   § 4. Section 17 of the social services law is amended by adding a  new
 subdivision (h-1) to read as follows:
   (H-1)  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 ACCOMMODATION IN WHICH SUCH RECIPIENT OR  RECIPI-
 ENTS  RESIDED  IS  BROUGHT  INTO COMPLIANCE WITH ALL APPLICABLE BUILDING
 CODES, ORDINANCES AND REGULATIONS OF THE COUNTY AND THE MUNICIPALITY  IN
 WHICH  SUCH  HOUSING ACCOMMODATION IS LOCATED OR UNTIL A SUITABLE PERMA-
 NENT HOUSING ACCOMMODATION IS LOCATED, WHICHEVER OCCURS EARLIER;
   § 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:

 A. 10870                            5
 
   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  PUBLIC WELFARE 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  occupied 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.
   §  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.
   § 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 are authorized to be made on  or  before  such  effective
 date.