senate Bill S4894

2019-2020 Legislative Session

Relates to the discharge of residents of a community residence

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2020 committed to rules
Feb 10, 2020 advanced to third reading
Feb 05, 2020 2nd report cal.
Feb 04, 2020 1st report cal.333
Jan 08, 2020 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 03, 2019 referred to mental health
delivered to assembly
passed senate
May 29, 2019 advanced to third reading
May 22, 2019 2nd report cal.
May 21, 2019 1st report cal.877
Mar 28, 2019 referred to mental health and developmental disabilities

Votes

view votes

Feb 4, 2020 - Mental Health committee Vote

S4894
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health committee vote details

Mental Health Committee Vote: Feb 4, 2020

aye wr (1)

May 21, 2019 - Mental Health committee Vote

S4894
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health committee vote details

Mental Health Committee Vote: May 21, 2019

aye wr (1)

Co-Sponsors

S4894 (ACTIVE) - Details

See Assembly Version of this Bill:
A2999
Current Committee:
Senate Rules
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
2011-2012: S3078, A8472
2013-2014: S955, A6045
2015-2016: S557, A7024
2017-2018: S3422, A3465
2021-2022: S5225

S4894 (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.

S4894 (ACTIVE) - Sponsor Memo

S4894 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4894
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 28, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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:
 § 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.
   § 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.
                                                            LBD07296-01-9

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