S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1070
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law,  in  relation  to  non-compliant
   dwellings and harm reduction services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 19.03 of the  mental  hygiene  law  is  amended  by
 adding five new subdivisions 3, 4, 5, 6 and 7 to read as follows:
   3. "NON-COMPLIANT DWELLING" MEANS A BUILDING THAT MEETS ONE OR MORE OF
 THE FOLLOWING CRITERIA:
   (A)  LOCATED WITHIN A BUILDING THAT HAS BEEN, IN WHOLE OR IN PART, THE
 SUBJECT OF AN ACTIVE VACATE ORDER PLACED BY  ANY  LOCAL,  MUNICIPAL,  OR
 COUNTY BODY CHARGED WITH THE ENFORCEMENT OF HOUSING, SANITARY, OR SAFETY
 STANDARDS,  WITHIN  THE  FOUR  YEARS  PRIOR  TO THE TIME WHEN A CLIENT'S
 PLACEMENT IS BEING PLANNED,  OR  WHEN  THE  AGENCY  OTHERWISE  CONSIDERS
 REFERRING A CLIENT TO THE ADDRESS;
   (B)  LOCATED  WITHIN A BUILDING AGAINST WHICH ANY LOCAL, MUNICIPAL, OR
 COUNTY BODY HAS PENDING LITIGATION; AND
   (C) LOCATED WITHIN A BUILDING FOR WHICH ONE OR  MORE  COMPLAINTS  HAVE
 BEEN  RECEIVED  BY ANY LOCAL, MUNICIPAL, OR COUNTY BODY CHARGED WITH THE
 ENFORCEMENT OF HOUSING, SANITARY, OR SAFETY STANDARDS  WITHIN  THE  LAST
 FOUR  YEARS  PRECEDING  THE  TIME  WHEN  A  CLIENT'S  PLACEMENT IS BEING
 PLANNED, OR WHEN THE AGENCY OTHERWISE CONSIDERS REFERRING  A  CLIENT  TO
 THE ADDRESS, PERTAINING TO:
   I. USE CONTRARY TO THAT AUTHORIZED FOR THE BUILDING BY LAW, OR
   II. WORK PERFORMED WITHOUT AUTHORIZATION REQUIRED BY LAW.
   4. "HARM REDUCTION SERVICES" MEANS SERVICES TO ASSIST INDIVIDUALS WITH
 SUBSTANCE  USE  ISSUES  IN REDUCING THE NEGATIVE CONSEQUENCES ASSOCIATED
 WITH SUBSTANCE USE AND IMPROVING INDIVIDUALS' QUALITY OF LIFE.  SERVICES
 SHALL  BE  INFORMED BY A PHILOSOPHY THAT RECOGNIZES DRUG AND ALCOHOL USE
 AND ADDICTION AS A PART OF TENANTS' LIVES, WHERE TENANTS ARE ENGAGED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04812-01-9

 A. 1070                             2
 
 NONJUDGMENTAL  COMMUNICATION  REGARDING  DRUG AND ALCOHOL USE, AND WHERE
 TENANTS ARE OFFERED EDUCATION REGARDING HOW TO AVOID RISKY BEHAVIORS AND
 ENGAGE IN SAFER PRACTICES. SERVICES MAY INCLUDE BUT ARE NOT LIMITED TO:
   (A) SYRINGE EXCHANGE;
   (B) OVERDOSE PREVENTION AND TREATMENT;
   (C) RISK REDUCTION IN THE AREAS OF SUBSTANCE USE AND SEXUAL BEHAVIOR;
   (D) COMMUNICABLE DISEASE PREVENTION AND TREATMENT;
   (E) HEALTH EDUCATION;
   (F) PEER SUPPORT; AND
   (G)  INDIVIDUAL  AND  GROUP  COUNSELING  IN HEALTH, MENTAL HEALTH, AND
 NUTRITION.
   5. "HARM REDUCTION SERVICES PROVIDER" MEANS ANY ENTITY THAT PROVIDES A
 RANGE OF HARM REDUCTION SERVICES WITH THE GOAL OF REDUCING SUCH HARM AND
 BEHAVIORS  ASSOCIATED  WITH  SUBSTANCE  USE  AND  IMPROVING   INDIVIDUAL
 SUBSTANCE USERS' QUALITY OF LIFE.
   6. "AGENCY SERVICE PROVIDER" MEANS ANY REHABILITATION CENTER, CHEMICAL
 DEPENDENCE  SERVICE  OR  OPIOID  TREATMENT PROGRAM INTEGRATED OUTPATIENT
 SERVICE AS SET FORTH IN 14 NYCRR SECTIONS  816,  817,  819  AND  820  OR
 SUCCESSOR REGULATIONS LICENSED BY THE OFFICE.
   7.  "CHEMICAL DEPENDENCE RESIDENTIAL SERVICE" OR "RESIDENTIAL SERVICE"
 MEANS A CHEMICAL DEPENDENCE RESIDENTIAL SERVICE AS SET FORTH IN 14 NYCRR
 SECTION 819.2(A)(2)  AND  (3)  OR  SUCCESSOR  REGULATIONS,  AND  SERVICE
 PROVIDING  AN ARRAY OF SERVICES FOR TREATMENT OF MANAGEMENT OF SUBSTANCE
 USE, INCLUDING ALL RESIDENTIAL PROGRAMS  LICENSED  AND/OR  CERTIFIED  BY
 SUCH  OFFICE.  SUCH SERVICES MAY BE PROVIDED DIRECTLY OR THROUGH COOPER-
 ATIVE RELATIONSHIPS WITH OTHER AGENCY SERVICE PROVIDERS.
   § 2. Section 22.03 of the mental hygiene law is amended by adding four
 new subdivisions (d), (e), (f) and (g) to read as follows:
   (D) EVERY PATIENT IN A CHEMICAL DEPENDENCE RESIDENTIAL SERVICE OR IN A
 RESIDENTIAL SERVICE THAT HAS A LENGTH OF STAY OF  THIRTY  DAYS  OR  MORE
 SHALL HAVE THE RIGHT TO REMAIN UNLESS REMOVED THROUGH A SPECIAL PROCEED-
 ING  UNDER  ARTICLE  SEVEN  OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW, PROVIDED THAT THE PATIENT HAS PEACEABLY BEEN IN  ACTUAL  POSSESSION
 FOR  THIRTY DAYS OR MORE. NOTHING IN THIS SECTION SHALL BE WAIVED IN THE
 EVENT A PATIENT WHO WAS IN POSSESSION FOR THIRTY DAYS OR MORE IS  ABSENT
 DUE TO A HOSPITALIZATION.
   (E)  ANY PATIENT WHO IS DISCHARGED FROM A CHEMICAL DEPENDENCE RESIDEN-
 TIAL SERVICE OR FROM A RESIDENTIAL SERVICE, SHALL BE ENTITLED  TO  INDI-
 VIDUALIZED  HOUSING  PLACEMENT  SERVICES  FROM  THE OFFICE TO ASSIST THE
 PATIENT IN SECURING SAFE, PERMANENT ALTERNATIVE HOUSING.
   1. UPON ISSUING A NOTICE THAT A PATIENT IS DISCHARGED FROM A  CHEMICAL
 DEPENDENCE  RESIDENTIAL  SERVICE, THE AGENCY SERVICE PROVIDER SHALL ALSO
 ISSUE NOTICE OF THE DISCHARGED PATIENT'S ELIGIBILITY FOR HOUSING  PLACE-
 MENT  ASSISTANCE BY THE AGENCY SERVICE PROVIDER OR DESIGNEE PRIOR TO THE
 PATIENT'S DISCHARGE DATE.
   2. THE AGENCY SERVICE PROVIDER SHALL PROVIDE  THE  DISCHARGED  PATIENT
 WITH  A  COPY  OF  THE  ENTITLEMENT  TO  HOUSING PLACEMENT ASSISTANCE IN
 ENGLISH AND SPANISH AND SUCH OTHER LANGUAGE AS IT DEEMS  NECESSARY.  THE
 AGENCY  SERVICE  PROVIDER  SHALL  NOTIFY  SUCH DISCHARGED PATIENT OF THE
 NAME, OFFICE ADDRESS AND TELEPHONE  NUMBER  OF  THE  HOUSING  SPECIALIST
 ASSIGNED TO THE DISCHARGED PATIENT.
   3.  WITHIN  TEN DAYS OF ADMISSION TO A CHEMICAL DEPENDENCE RESIDENTIAL
 SERVICE, THE AGENCY SERVICE PROVIDER SHALL CONDUCT AN ASSESSMENT OF  THE
 PATIENT'S  PRIOR  HOUSING AND FUTURE HOUSING NEEDS. AT LEAST THIRTY DAYS
 PRIOR TO  DISCHARGE,  THE  AGENCY  SERVICE  PROVIDER  SHALL  ASSIST  THE
 DISCHARGED  PATIENT  TO  COMPLETE  AND  SUBMIT  APPLICATIONS FOR HOUSING

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 SUBSIDIES FOR WHICH THE DISCHARGED PATIENT MAY BE ELIGIBLE AND FOR SUIT-
 ABLE HOUSING PLACEMENTS ON BEHALF OF THE DISCHARGED PATIENT.
   4.  IF THE AGENCY SERVICE PROVIDER FAILS TO COMPLETE AND SUBMIT APPLI-
 CATIONS PURSUANT TO PARAGRAPH THREE  OF  THIS  SUBDIVISION,  THE  AGENCY
 SERVICE  PROVIDER  AND/OR  OFFICE SHALL PAY THE COST OF TEMPORARY MARKET
 RATE SHELTER  ON  A  DAILY  BASIS  UNTIL  SAID  APPLICATIONS  HAVE  BEEN
 COMPLETED AND SUBMITTED.
   5.  AFTER COMPLETING AND SUBMITTING APPLICATIONS PURSUANT TO PARAGRAPH
 3 OF THIS SUBDIVISION, THE HOUSING SPECIALIST SHALL TAKE  THE  FOLLOWING
 STEPS  TO  ASSIST THE DISCHARGED PATIENT IN SECURING A PERMANENT HOUSING
 PLACEMENT:
   I. COMMUNICATE WITH SUCH DISCHARGED  PATIENT  ON  A  WEEKLY  BASIS  TO
 INFORM SUCH PATIENT OF POTENTIAL HOUSING PLACEMENTS AND/OR ARRANGE VIEW-
 ING OF AVAILABLE UNITS;
   II.  DOCUMENT  OPPORTUNITIES  TO  VIEW POTENTIAL HOUSING UNITS AND THE
 OUTCOME OF THOSE VIEWINGS; AND
   III. IN THE EVENT THAT THE DISCHARGED PATIENT ACCEPTS A HOUSING PLACE-
 MENT, THE HOUSING SPECIALIST SHALL  ASSIST  THE  DISCHARGED  PATIENT  TO
 COMPLETE  AND  SUBMIT  ANY  AND  ALL  NECESSARY APPLICATION MATERIALS TO
 SECURE THE PLACEMENT AND COORDINATE WITH CITY AND OR STATE  AGENCIES  TO
 ENSURE THAT THE DEPOSIT AND RENT PAYMENTS ARE PAID TO THE LANDLORD TIME-
 LY.
   6.  THE  HOUSING SPECIALIST SHALL CONTINUE TO WORK WITH THE DISCHARGED
 PATIENT IN ACCORDANCE WITH THIS SUBDIVISION  FOR  ONE  YEAR  UNLESS  AND
 UNTIL THE DISCHARGED PATIENT HAS SECURED A PERMANENT HOUSING PLACEMENT.
   7.  THIS  DISCHARGED  PATIENT  RETAINS THE RIGHT TO DECLINE A REFERRAL
 FROM THE HOUSING SPECIALIST. IF THE DISCHARGED PATIENT DECLINES  SUCH  A
 REFERRAL,  THE  HOUSING SPECIALIST SHALL RECORD AND RETAIN DOCUMENTATION
 INDICATING THE REASON THE REFERRAL WAS DECLINED.
   (F) ANY PATIENT WHO IS DISCHARGED FROM A  CHEMICAL  DEPENDENCE  OUTPA-
 TIENT  SERVICE OR OPIOID TREATMENT PROGRAM INTEGRATED OUTPATIENT SERVICE
 AS SET FORTH IN 14 NYCRR SECTIONS 816, 817, 819  AND  820  OR  SUCCESSOR
 REGULATIONS,  SHALL  BE  PROVIDED A REFERRAL TO A HARM REDUCTION SERVICE
 PROVIDER. SUCH REFERRAL SHALL CONSIST  OF,  AT  MINIMUM,  THE  FOLLOWING
 STEPS PERFORMED BY THE DISCHARGING PROGRAM OR SERVICE:
   1.  IDENTIFICATION  OF  AT  LEAST  ONE HARM REDUCTION SERVICE PROVIDER
 LOCATED AS CLOSE AS PRACTICALLY POSSIBLE TO THE DISCHARGING  PROGRAM  OR
 SERVICE;
   2.  PROVISION TO THE PATIENT OF A WRITTEN REFERRAL INCLUDING THE NAME,
 LOCATION, CONTACT INFORMATION, AND DESCRIPTION OF SERVICES  PROVIDED  BY
 THE HARM REDUCTION SERVICE PROVIDER;
   3.  AN  INTRODUCTION  OF  THE PATIENT TO AN APPROPRIATE CONTACT AT THE
 HARM REDUCTION SERVICE PROVIDER BY  TELEPHONE  OR  OTHER  LIVE  COMMUNI-
 CATION, FACILITATED BY THE DISCHARGING PROGRAM OR SERVICE; AND
   4.  REIMBURSEMENT TO THE PATIENT OF REASONABLE TRAVEL EXPENSES FOR THE
 COST OF A TRIP FROM THE DISCHARGING PROGRAM OR SERVICE TO  THE  LOCATION
 OF THE HARM REDUCTION SERVICE PROVIDER.
   (G)  TO  THE  EXTENT THAT PUBLICLY AVAILABLE INFORMATION IS AVAILABLE,
 STAFF REFERRING TO HOUSING ANY PATIENT WHO IS DISCHARGED FROM A CHEMICAL
 DEPENDENCE SERVICE OR OPIOID  TREATMENT  PROGRAM  INTEGRATED  OUTPATIENT
 SERVICE  AS  SET  FORTH  IN  14  NYCRR SECTIONS 816, 817, 819 AND 820 OR
 SUCCESSOR REGULATIONS, SHALL EXAMINE PUBLICLY AVAILABLE INFORMATION  FOR
 ALL  SUCH DWELLINGS LOCATED IN A CITY WITH A POPULATION OF MORE THAN ONE
 MILLION, SUCH AS ON GOVERNMENT WEBSITES. NO PATIENT SHALL BE REFERRED TO
 A NON-COMPLIANT DWELLING.

 A. 1070                             4
 
   1. TO THE EXTENT THAT PUBLICLY  AVAILABLE  INFORMATION  IS  AVAILABLE,
 STAFF  REFERRING  TO  HOUSING  ANY  PARTICIPANT IN A CHEMICAL DEPENDENCE
 OUTPATIENT SERVICE OR OPIOID  TREATMENT  PROGRAM  INTEGRATED  OUTPATIENT
 SERVICE  AS  SET  FORTH  IN  14  NYCRR SECTIONS 816, 817, 819 AND 820 OR
 SUCCESSOR  REGULATIONS, SHALL EXAMINE PUBLICLY AVAILABLE INFORMATION FOR
 ALL SUCH DWELLINGS LOCATED IN A CITY WITH A POPULATION OF MORE THAN  ONE
 MILLION, SUCH AS ON GOVERNMENT WEBSITES. NO PATIENT SHALL BE REFERRED TO
 A NON-COMPLIANT DWELLING.
   2.  AN AGENCY SERVICE PROVIDER MAY NOT PREVENT A PATIENT FROM CHOOSING
 TO MOVE TO A NON-COMPLIANT DWELLING. IF A PATIENT CHOOSES TO MOVE INTO A
 NON-COMPLIANT DWELLING, THE AGENCY SERVICE PROVIDER  STAFF  MUST  INFORM
 THE PATIENT THAT THE HOUSING OPTION THAT THE PATIENT HAS CHOSEN FAILS TO
 MEET  THE  MINIMUM  STANDARDS  OUTLINED BY THIS ARTICLE.  AGENCY SERVICE
 PROVIDER STAFF MUST DOCUMENT THIS CONVERSATION IN ANY  CASE  RECORD  THE
 AGENCY SERVICE PROVIDER MAINTAINS FOR THAT PATIENT.
   3.  ANY  LANDLORD  OR  HOUSING PROVIDER, OR AGENT, EMPLOYEE, REPRESEN-
 TATIVE OF THE LANDLORD OR HOUSING PROVIDER,  THAT  SEEKS  TO  CONDUCT  A
 RECRUITMENT, ADVERTISING, SOLICITATION, OR INFORMATIONAL PRESENTATION OR
 WHO  DESIRES  TO  DISTRIBUTE  OR  CAUSE TO BE DISTRIBUTED PROMOTIONAL OR
 INFORMATIONAL MATERIALS AT  A  CHEMICAL  DEPENDENCE  SERVICE  OR  OPIOID
 TREATMENT  PROGRAM  INTEGRATED  OUTPATIENT  SERVICE SHALL BE REQUIRED TO
 DISCLOSE THE ADDRESSES FOR ANY BUILDING OWNED, OPERATED, OR  MANAGED  BY
 SAID LANDLORD OR HOUSING PROVIDER.
   4.  ANY  LANDLORD  OR  HOUSING PROVIDER, OR AGENT, EMPLOYEE, REPRESEN-
 TATIVE OF THE LANDLORD OR HOUSING PROVIDER, THAT  SEEKS  REFERRALS  FROM
 THE  OFFICE OR AGENCY SERVICE PROVIDER OR SEEKS TO CONDUCT PRESENTATIONS
 OR OTHERWISE DISTRIBUTE INFORMATION AT THE AGENCY, SHALL CERTIFY TO  THE
 AGENCY THAT IT DOES NOT REQUIRE RESIDENTS TO SIGN WAIVERS OF THEIR RIGHT
 TO    COURT PROCESS PRIOR TO EVICTION AND THAT IT DOES NOT REQUIRE RESI-
 DENTS TO ATTEND ANY KIND OF TREATMENT PROGRAM AS A CONDITION OF RESIDEN-
 CY. SUCH CERTIFICATION SHALL BE MADE IN WRITING, UNDER OATH BY THE LAND-
 LORD, MANAGING AGENT, OR DIRECTOR OF THE HOUSING PROGRAM, AND  SHALL  BE
 MAILED  TO  THE AGENCY SERVICE PROVIDER BY CERTIFIED OR REGISTERED MAIL,
 RETURN RECEIPT REQUESTED. SUCH CERTIFICATION SHALL  BE  SUPPORTED  BY  A
 SWORN  STATEMENT  BY  THE INDIVIDUAL MAKING THE CERTIFICATION, ATTESTING
 THAT THE CERTIFICATION IS TRUE.
   5. IF ANY ADDRESS DISCLOSED BY A LANDLORD OR HOUSING PROVIDER PURSUANT
 TO SUBDIVISION (E) OF THIS SECTION  IS  A  NON-COMPLIANT  DWELLING,  THE
 LANDLORD  OR  HOUSING  PROVIDER  SHALL BE PROHIBITED FROM CONDUCTING ANY
 PRESENTATION OR FROM DISTRIBUTING PROMOTIONAL OR INFORMATIONAL MATERIALS
 AT THE SITE OF THE CHEMICAL  DEPENDENCE  OUTPATIENT  SERVICE  OR  OPIOID
 TREATMENT PROGRAM INTEGRATED OUTPATIENT SERVICE.
   6.  IF AN AGENCY SERVICE PROVIDER REFERS A PATIENT TO HOUSING THAT THE
 PATIENT BELIEVES IS NON-COMPLIANT, THE  AGENCY  SERVICE  PROVIDER  SHALL
 ASSIST  THE  PATIENT  TO  MAKE  A  COMPLAINT TO THE 311 CITIZENS SERVICE
 CENTER. AGENCIES SHALL PROVIDE THE PATIENT WITH ACCESS TO A TELEPHONE IF
 THE PATIENT DOES NOT HAVE ONE AVAILABLE. IF  THE  PATIENT  DECLINES  THE
 REFERRAL  BASED ON THE BELIEF THAT THE HOUSING REFERRED IS A NON-COMPLI-
 ANT DWELLING,  THE AGENCY SERVICE PROVIDER  SHALL  PROVIDE  THE  PATIENT
 WITH  A  NEW  REFERRAL TO OTHER SUITABLE HOUSING. IN THE EVENT A PATIENT
 REFUSES HOUSING, THE REASONS FOR THE REFUSAL  MUST BE DOCUMENTED IN  THE
 PATIENT'S CASE RECORD.
   7.  AGENCY  SERVICE PROVIDERS SHALL DISTRIBUTE TO ALL PATIENTS WHO ARE
 CURRENTLY OR WERE FORMERLY INCARCERATED, HOSPITALIZED,  IN  SHELTER,  IN
 SUBSTANCE  ABUSE  TREATMENT,  OR HOMELESS A PLAIN LANGUAGE DOCUMENT THAT
 DESCRIBES WHAT A NON-COMPLIANT  DWELLING  IS  AND  CONTAINS  INFORMATION

 A. 1070                             5

 ABOUT  HOW  TO  CONTACT  THE DEPARTMENT OF BUILDINGS AND THE 311 CITIZEN
 SERVICE CENTER.
   §  3.  This  act shall take effect on the ninetieth day 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 and completed
 on or before such date.