NY State Assembly Bill 2021-A9492C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2022	referred to rules delivered to senate passed assembly ordered to third reading rules cal.619 rules report cal.619 reported reported referred to rules
May 27, 2022	print number 9492c
May 27, 2022	amend (t) and recommit to codes
May 23, 2022	print number 9492b
May 23, 2022	amend (t) and recommit to codes
May 10, 2022	reported referred to codes
Mar 16, 2022	print number 9492a
Mar 16, 2022	amend and recommit to people with disabilities
Mar 07, 2022	referred to people with disabilities

co-Sponsors

2021-A9492 - Details

See Senate Version of this Bill:: S8521
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §16.38, Ment Hyg L; amd §352-g, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A6575, S5028

2021-A9492 - Summary

Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely reside in such a setting; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

2021-A9492 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9492
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on People with Disabilities
 
 AN  ACT  to amend the mental hygiene law, in relation to the creation of
   an innovative supportive housing program for persons with  a  develop-
   mental  disability  who  wish  and are able to safely reside in such a
   setting; and to amend the general business law, in relation to  creat-
   ing  an  exemption  from  certain  filing requirements for residential
   environments that are formed as cooperative interests  in  realty  for
   persons  receiving  services  under  the innovative supportive housing
   program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  purpose and findings. The legislature hereby
 finds and declares as follows:
   (a) New York state is currently facing a  severe  housing  crisis  for
 people with developmental disabilities. Staffing shortages for certified
 housing,  commonly  referred to as group homes, has put additional pres-
 sure on the state to provide homes for people forced out of their  group
 homes. There is an acute need to create alternative and innovative hous-
 ing models, especially for those persons who are able to live more inde-
 pendently and wish to do so.
   (b) Many persons with developmental disabilities live with a parent or
 parents,  a  family  member,  or other similar direct support personnel.
 However, many such persons wish to live more independently, and would do
 so if an option existed that included certain basic supports.
   (c)  Further,  although  family  caregiving  is  appropriate  in  many
 instances,  a  system  that  relies  exclusively  on parents and similar
 direct support personnel to provide a non-institutional  living  setting
 is  not  sustainable.  The parent or direct support personnel eventually
 becomes unable to continue supporting the person who has a developmental
 disability, due to the direct support personnel's infirmity,  death,  or
 other concerns.
   (d)  When that happens, the person with a developmental disability has
 no option but to move to a group home, which is a more restrictive envi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14727-02-2
 A. 9492                             2
 
 ronment than an innovative supportive housing program. Often,  available
 group  homes  are  located far from the communities in which people have
 lived their entire lives. Although group homes may  be  appropriate  for
 some  persons  with developmental disabilities, they are not appropriate
 for those persons with disabilities who wish and are able to  live  more
 independently.    Currently,  group  homes, even for those who choose to
 live in that setting, do not number nearly enough to meet the need.
   (e) A system that results in the unnecessary  institutionalization  of
 persons  with developmental disabilities directly contravenes the spirit
 of federal law that requires state  and  local  governments  to  provide
 people with developmental disabilities opportunities to live in the most
 integrated setting that is available and appropriate for their needs. It
 also  works a double trauma upon the person with developmental disabili-
 ty, who has no option but to move from their long-time  home  while,  at
 the  same  time, grieving the loss of a parent or direct support person-
 nel.  At this time, the state of New York offers no  practical  solution
 to this crisis.
   (f)  Accordingly, there is a need to create new and innovative housing
 models that maximize independence for persons with  developmental  disa-
 bilities. The state must remain vigilant in its efforts to reduce insti-
 tutionalization  of persons with disabilities. However, the state should
 not avoid  opportunities  to  provide  independent  housing  options  to
 persons with developmental disabilities, where such persons wish and are
 able  to  take  advantage  of  such opportunities, out of concern that a
 certain number of persons  with  developmental  disabilities  living  in
 close proximity automatically qualifies as an "institution."
   (g)  Guidance  from  the  federal  Centers  for  Medicare and Medicaid
 Services ("CMS") has emphasized that there is no cap or percentage  that
 is used to determine whether housing for people with developmental disa-
 bilities  satisfies the federal standards for what constitutes an insti-
 tution. Rather, CMS clarified that state and  local  governments  should
 focus  on  the experience of the individual with developmental disabili-
 ties in that setting.
   (h) Persons with developmental disabilities can in fact live in  close
 proximity  in a safe and healthy residential environment integrated into
 the community, especially when that environment is chosen by the  person
 and  augmented with supports that maximize the person's independence and
 that are less intensive than the services provided in  an  institutional
 setting.
   (i) Thus, to maximize the availability of innovative housing settings,
 this  legislation directs the office for people with developmental disa-
 bilities ("OPWDD") to create an Innovative  Supportive  Housing  Program
 that  enables persons with developmental disabilities to live more inde-
 pendently, including housing that is owned or leased in their  name,  or
 by  someone else on behalf of such person or that of a trust established
 for their benefit, with supports provided through OPWDD, such as  avail-
 ability  of  shared  direct  support personnel. In this way, the program
 will ensure that persons with developmental  disabilities  are  afforded
 settings that are the most integrated and appropriate for their needs.
   §  2.  The mental hygiene law is amended by adding a new section 16.38
 to read as follows:
 § 16.38 INNOVATIVE SUPPORTIVE HOUSING PROGRAM.
   (A) THE OFFICE SHALL DEVELOP AN INNOVATIVE SUPPORTIVE HOUSING  PROGRAM
 THAT  ENABLES  PERSONS WITH A DEVELOPMENTAL DISABILITY TO LIVE INDEPEND-
 ENTLY AND SAFELY, WITH SUPPORT SERVICES, INCLUDING BUT  NOT  LIMITED  TO
 STAFFING  SUPPORT, SHARED STAFFING SUPPORT, AND OPPORTUNITIES FOR SOCIAL
 A. 9492                             3
 
 ENGAGEMENT AND RECREATION, IN A RESIDENTIAL ENVIRONMENT. ELIGIBILITY FOR
 THE PROGRAM SHALL BE DETERMINED SOLELY BY THE  PERSON  WITH  A  DEVELOP-
 MENTAL  DISABILITY IN COLLABORATION WITH THEIR SERVICE PROVIDER AND CARE
 COORDINATION  AGENCIES,  AND  SHALL  BE BASED ON THE PERSON'S ABILITY TO
 LIVE INDEPENDENTLY AND SAFELY, WITH SUPPORT SERVICES,  IN  THEIR  CHOSEN
 RESIDENTIAL ENVIRONMENT.
   (B)  THE  INNOVATIVE  SUPPORTIVE  HOUSING  PROGRAM ESTABLISHED BY THIS
 SECTION SHALL ENABLE ELIGIBLE PERSONS WITH DEVELOPMENTAL DISABILITIES TO
 RESIDE IN A RESIDENTIAL ENVIRONMENT, INCLUDING BUT NOT LIMITED TO  HOUS-
 ING  THAT  QUALIFIES  AS  A COOPERATIVE INTEREST IN REALTY UNDER SECTION
 THREE HUNDRED FIFTY-TWO-E OF THE GENERAL BUSINESS LAW, WHERE AN INTEREST
 IN A RESIDENCE IS OWNED OR LEASED BY A PERSON WITH A DEVELOPMENTAL DISA-
 BILITY, OR AN ENTITY ON BEHALF OF SUCH PERSON, INCLUDING BUT NOT LIMITED
 TO A TRUST ESTABLISHED FOR SUCH PERSON'S BENEFIT.
   (C)  WHEN  ESTABLISHING  THE  INNOVATIVE  SUPPORTIVE  HOUSING  PROGRAM
 DESCRIBED  BY  THIS SECTION, IN RECOGNITION OF THE RIGHT OF PERSONS WITH
 DEVELOPMENTAL DISABILITIES TO  CHOOSE  THE  RESIDENTIAL  ENVIRONMENT  IN
 WHICH THEY WISH TO LIVE AND THE PERSONS WITH WHOM THEY WISH TO LIVE, AND
 THE  REQUIREMENT THAT GOVERNMENT AGENCIES FOCUS ON AN INDIVIDUAL'S EXPE-
 RIENCE WHEN DETERMINING WHETHER A RESIDENTIAL ENVIRONMENT  IS  THE  MOST
 INTEGRATED  AND APPROPRIATE FOR THEIR NEEDS, THE OFFICE SHALL NOT ESTAB-
 LISH A MAXIMUM NUMBER OF PERSONS WITH DEVELOPMENTAL DISABILITIES WHO MAY
 LIVE IN A RESIDENTIAL ENVIRONMENT WHEN VIEWED AS A WHOLE.
   (D) THE OFFICE SHALL COORDINATE  WITH  THE  DEPARTMENT  OF  HEALTH  TO
 DETERMINE  WHETHER  AN AMENDMENT TO THE STATE PLAN AUTHORIZED BY SECTION
 THREE HUNDRED SIXTY-THREE-A OF THE SOCIAL SERVICES LAW OR  A  WAIVER  IS
 REQUIRED  FROM  THE  FEDERAL  CENTERS FOR MEDICARE AND MEDICAID SERVICES
 ("CMS") TO MAXIMIZE FEDERAL  FINANCIAL  PARTICIPATION  FOR  THE  PROGRAM
 DESCRIBED IN THIS SECTION. IF AN AMENDMENT TO THE STATE PLAN OR A WAIVER
 IS  REQUIRED  OR  DESIRABLE,  THE DEPARTMENT OF HEALTH SHALL SUBMIT SUCH
 AMENDMENT OR APPLY TO CMS FOR SUCH WAIVER NO MORE THAN NINETY DAYS  FROM
 THE DATE THAT THIS SECTION BECOMES EFFECTIVE.
   (E)  THE  OFFICE  SHALL  COORDINATE  WITH  THE DEPARTMENT OF HEALTH TO
 ENSURE THAT ANY STATE TRANSITION PLAN SUBMITTED TO CMS THAT  RELATES  TO
 FEDERAL REGULATIONS GOVERNING HOME AND COMMUNITY-BASED SERVICES IS WRIT-
 TEN,  AMENDED  OR  SUPPLEMENTED TO INCLUDE RECOGNITION OF THE INNOVATIVE
 SUPPORTIVE HOUSING PROGRAM ESTABLISHED BY THIS SECTION.
   (F) THE OFFICE MAY CONDUCT PUBLIC HEARINGS TO RECEIVE  PUBLIC  COMMENT
 ON HOW RESIDENTIAL ENVIRONMENTS THAT INCLUDE INNOVATIVE SUPPORTIVE HOUS-
 ING  AUTHORIZED  BY THIS SECTION CAN BEST BE INTEGRATED WITH THE BROADER
 COMMUNITY.
   (G) A RESIDENTIAL ENVIRONMENT  IN  WHICH  PERSONS  WITH  DEVELOPMENTAL
 DISABILITIES  RECEIVE  SERVICES  PURSUANT  TO  THE INNOVATIVE SUPPORTIVE
 HOUSING PROGRAM ESTABLISHED BY THIS SECTION SHALL NOT  BE  CONSIDERED  A
 COMMUNITY  RESIDENCE,  COMMUNITY  RESIDENTIAL FACILITY FOR THE DISABLED,
 SUPERVISED LIVING FACILITY, SUPPORTIVE LIVING  FACILITY,  OR  ANY  OTHER
 PROVIDER  OF  SERVICE  REQUIRING  AN OPERATING CERTIFICATE UNDER SECTION
 16.03 OF THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE  INTERPRETED  AS
 AUTHORIZING  AN  INCREASE IN THE NUMBER OF BEDS APPROVED FOR A COMMUNITY
 RESIDENCE, COMMUNITY RESIDENTIAL FACILITY FOR THE  DISABLED,  SUPERVISED
 LIVING  FACILITY,  SUPPORTIVE  LIVING FACILITY, OR ANY OTHER PROVIDER OF
 SERVICE REQUIRING AN OPERATING CERTIFICATE UNDER SECTION 16.03  OF  THIS
 ARTICLE.
   (H) RESIDENTIAL ENVIRONMENTS IN WHICH PERSONS WITH DEVELOPMENTAL DISA-
 BILITIES  RECEIVE SERVICES PURSUANT TO THE INNOVATIVE SUPPORTIVE HOUSING
 PROGRAM ESTABLISHED BY THIS SECTION SHALL NOT DISCRIMINATE  AGAINST  ANY
 A. 9492                             4
 
 RESIDENT  OR  POTENTIAL  RESIDENT  BASED  ON RACE, CREED, AGE OTHER THAN
 BEING AT LEAST EIGHTEEN YEARS OF AGE, COLOR, NATIONAL ORIGIN, SEX, DISA-
 BILITY, MARITAL STATUS, MILITARY STATUS, FAMILY  STATUS,  SEXUAL  ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, OR ANY OTHER PROTECTED CHARACTER-
 ISTIC UNDER THE NEW YORK STATE HUMAN RIGHTS LAW; PROVIDED, HOWEVER, THAT
 THE  AUTISM  SPECTRUM  DISORDERS  ADVISORY BOARD ESTABLISHED PURSUANT TO
 SECTION 13.42 OF THIS TITLE MAY ISSUE GUIDANCE WITH RESPECT TO  RESIDENT
 SELECTION,  INCLUDING  ADMISSIONS  CRITERIA,  TO ENSURE SUCH RESIDENTIAL
 ENVIRONMENTS ARE PREDOMINANTLY AVAILABLE TO PERSONS  WITH  DEVELOPMENTAL
 DISABILITIES,  AND  PROVIDED  FURTHER  THAT RESIDENTIAL ENVIRONMENTS MAY
 ADHERE TO SUCH GUIDANCE.
   § 3. Section 352-g of the general business law, as  added  by  chapter
 987 of the laws of 1960, is amended to read as follows:
   §  352-g.  Exemptions. (A) The attorney general, upon application, may
 exempt from the provisions of sections three hundred fifty-two-e,  three
 hundred fifty-two-f and three hundred fifty-two-h any offerings of secu-
 rities  (1)  made  to persons not exceeding forty in number or (2) which
 securities have been fully registered with the securities  and  exchange
 commission of the United States of America or have received an exemption
 therefrom for reasons other than said offering is an intrastate offering
 to residents of the state of New York only.
   (B)  RESIDENTIAL ENVIRONMENTS THAT ARE FORMED AS COOPERATIVE INTERESTS
 IN REALTY FOR PERSONS RECEIVING SERVICES UNDER THE INNOVATIVE SUPPORTIVE
 HOUSING PROGRAM ESTABLISHED BY SECTION 16.38 OF THE MENTAL  HYGIENE  LAW
 SHALL  BE  UNDER  THE SOLE JURISDICTION OF THE AUTISM SPECTRUM DISORDERS
 ADVISORY BOARD ESTABLISHED PURSUANT  TO  SECTION  13.42  OF  THE  MENTAL
 HYGIENE LAW, AND SHALL BE EXEMPT FROM ANY FILING REQUIREMENTS OF SECTION
 THREE  HUNDRED  FIFTY-TWO-E  OF  THIS  ARTICLE FOR THE INVESTMENT IN ANY
 RESIDENTIAL ENVIRONMENTS AND THE CONVERSION OF ANY  BUILDING,  GROUP  OF
 BUILDINGS  OR  DEVELOPMENT WHICH ARE CONVERTED TO A COOPERATIVE INTEREST
 IN REALTY. THE AUTISM SPECTRUM DISORDERS ADVISORY BOARD SHALL BE CHARGED
 WITH THE EXCLUSIVE JURISDICTION OVER ANY DISCLOSURE REQUIREMENTS INVOLV-
 ING THE INITIAL INVESTMENT IN AND INITIAL PURCHASE  OF  AN  INTEREST  IN
 SUCH RESIDENTIAL ENVIRONMENTS.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-A9492A - Details

See Senate Version of this Bill:: S8521
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §16.38, Ment Hyg L; amd §352-g, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A6575, S5028

2021-A9492A - Summary

Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely reside in such a setting; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

2021-A9492A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9492--A
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced by M. of A. ABINANTI, STIRPE -- read once and referred to the
   Committee  on  People  with Disabilities -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to amend the mental hygiene law, in relation to the creation of
   an innovative supportive housing program for persons with  a  develop-
   mental  disability  who  wish  and are able to safely reside in such a
   setting; and to amend the general business law, in relation to  creat-
   ing  an  exemption  from  certain  filing requirements for residential
   environments that are formed as cooperative interests  in  realty  for
   persons  receiving  services  under  the innovative supportive housing
   program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  purpose and findings. The legislature hereby
 finds and declares as follows:
   (a) New York state is currently facing a  severe  housing  crisis  for
 people with developmental disabilities. Staffing shortages for certified
 housing,  commonly  referred to as group homes, has put additional pres-
 sure on the state to provide homes for people forced out of their  group
 homes. There is an acute need to create alternative and innovative hous-
 ing models, especially for those persons who are able to live more inde-
 pendently and wish to do so.
   (b) Many persons with developmental disabilities live with a parent or
 parents,  a  family  member,  or other similar direct support personnel.
 However, many such persons wish to live more independently, and would do
 so if an option existed that included certain basic supports.
   (c)  Further,  although  family  caregiving  is  appropriate  in  many
 instances,  a  system  that  relies  exclusively  on parents and similar
 direct support personnel to provide a non-institutional  living  setting
 is  not  sustainable.  The parent or direct support personnel eventually
 becomes unable to continue supporting the person who has a developmental
 disability, due to the direct support personnel's infirmity,  death,  or
 other concerns.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14727-03-2
 A. 9492--A                          2
 
   (d)  When that happens, the person with a developmental disability has
 no option but to move to a group home, which is a more restrictive envi-
 ronment than an innovative supportive housing program. Often,  available
 group  homes  are  located far from the communities in which people have
 lived  their  entire  lives. Although group homes may be appropriate for
 some persons with developmental disabilities, they are  not  appropriate
 for  those  persons with disabilities who wish and are able to live more
 independently.  Currently, group homes, even for  those  who  choose  to
 live in that setting, do not number nearly enough to meet the need.
   (e)  A  system that results in the unnecessary institutionalization of
 persons with developmental disabilities directly contravenes the  spirit
 of  federal  law  that  requires  state and local governments to provide
 people with developmental disabilities opportunities to live in the most
 integrated setting that is available and appropriate for their needs. It
 also works a double trauma upon the person with developmental  disabili-
 ty,  who  has  no option but to move from their long-time home while, at
 the same time, grieving the loss of a parent or direct  support  person-
 nel.    At this time, the state of New York offers no practical solution
 to this crisis.
   (f) Accordingly, there is a need to create new and innovative  housing
 models  that  maximize independence for persons with developmental disa-
 bilities. The state must remain vigilant in its efforts to reduce insti-
 tutionalization of persons with disabilities. However, the state  should
 not  avoid  opportunities  to  provide  independent  housing  options to
 persons with developmental disabilities, where such persons wish and are
 able to take advantage of such opportunities,  out  of  concern  that  a
 certain  number  of  persons  with  developmental disabilities living in
 close proximity automatically qualifies as an "institution."
   (g) Guidance from  the  federal  Centers  for  Medicare  and  Medicaid
 Services  ("CMS") has emphasized that there is no cap or percentage that
 is used to determine whether housing for people with developmental disa-
 bilities satisfies the federal standards for what constitutes an  insti-
 tution.  Rather,  CMS  clarified that state and local governments should
 focus on the experience of the individual with  developmental  disabili-
 ties in that setting.
   (h)  Persons with developmental disabilities can in fact live in close
 proximity in a safe and healthy residential environment integrated  into
 the  community, especially when that environment is chosen by the person
 and augmented with supports that maximize the person's independence  and
 that  are  less intensive than the services provided in an institutional
 setting.
   (i) Thus, to maximize the availability of innovative housing settings,
 this legislation directs the office for people with developmental  disa-
 bilities  ("OPWDD")  to  create an Innovative Supportive Housing Program
 that enables persons with developmental disabilities to live more  inde-
 pendently,  including  housing that is owned or leased in their name, or
 by someone else on behalf of such person or that of a trust  established
 for  their benefit, with supports provided through OPWDD, such as avail-
 ability of shared direct support personnel. In  this  way,  the  program
 will  ensure  that  persons with developmental disabilities are afforded
 settings that are the most integrated and appropriate for their needs.
   § 2. The mental hygiene law is amended by adding a new  section  16.38
 to read as follows:
 § 16.38 INNOVATIVE SUPPORTIVE HOUSING PROGRAM.
   (A)  THE OFFICE SHALL DEVELOP AN INNOVATIVE SUPPORTIVE HOUSING PROGRAM
 THAT ENABLES PERSONS WITH A DEVELOPMENTAL DISABILITY TO  LIVE  INDEPEND-
 A. 9492--A                          3
 
 ENTLY  AND  SAFELY,  WITH SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO
 STAFFING SUPPORT, SHARED STAFFING SUPPORT, AND OPPORTUNITIES FOR  SOCIAL
 ENGAGEMENT AND RECREATION, IN A RESIDENTIAL ENVIRONMENT. ELIGIBILITY FOR
 THE  PROGRAM  SHALL  BE  DETERMINED SOLELY BY THE PERSON WITH A DEVELOP-
 MENTAL DISABILITY IN COLLABORATION WITH THEIR SERVICE PROVIDER AND  CARE
 COORDINATION  AGENCIES,  AND  SHALL  BE BASED ON THE PERSON'S ABILITY TO
 LIVE INDEPENDENTLY AND SAFELY, WITH SUPPORT SERVICES,  IN  THEIR  CHOSEN
 RESIDENTIAL ENVIRONMENT.
   (B)  THE  INNOVATIVE  SUPPORTIVE  HOUSING  PROGRAM ESTABLISHED BY THIS
 SECTION SHALL ENABLE ELIGIBLE PERSONS WITH DEVELOPMENTAL DISABILITIES TO
 RESIDE IN A RESIDENTIAL ENVIRONMENT, INCLUDING BUT NOT LIMITED TO LEASED
 RESIDENTIAL HOUSING, HOUSING THAT QUALIFIES AS A COOPERATIVE INTEREST IN
 REALTY UNDER SECTION THREE HUNDRED FIFTY-TWO-E OF THE  GENERAL  BUSINESS
 LAW,  AND  CONDOMINIUM  UNITS  UNDER ARTICLE NINE-B OF THE REAL PROPERTY
 LAW, WHERE AN INTEREST IN A RESIDENCE IS OWNED OR  LEASED  BY  A  PERSON
 WITH  A DEVELOPMENTAL DISABILITY, OR AN ENTITY ON BEHALF OF SUCH PERSON,
 INCLUDING BUT NOT LIMITED TO A TRUST ESTABLISHED FOR SUCH PERSON'S BENE-
 FIT.
   (C)  WHEN  ESTABLISHING  THE  INNOVATIVE  SUPPORTIVE  HOUSING  PROGRAM
 DESCRIBED  BY  THIS  SECTION,  AND  WHEN DETERMINING ELIGIBILITY FOR ANY
 HOUSING SUBSIDY PROGRAM FOR PERSONS WITH DEVELOPMENTAL DISABILITIES,  IN
 RECOGNITION  OF  THE RIGHT OF PERSONS WITH DEVELOPMENTAL DISABILITIES TO
 CHOOSE THE RESIDENTIAL ENVIRONMENT IN WHICH THEY WISH TO  LIVE  AND  THE
 PERSONS WITH WHOM THEY WISH TO LIVE, AND THE REQUIREMENT THAT GOVERNMENT
 AGENCIES  FOCUS ON AN INDIVIDUAL'S EXPERIENCE WHEN DETERMINING WHETHER A
 RESIDENTIAL ENVIRONMENT IS THE MOST INTEGRATED AND APPROPRIATE FOR THEIR
 NEEDS, THE OFFICE SHALL:
   (1) MAXIMIZE THE TYPES OF RESIDENTIAL SETTINGS  IN  WHICH  INDIVIDUALS
 MAY LIVE;
   (2)  MAXIMIZE  AND PRIORITIZE THE ABILITY OF INDIVIDUALS TO CHOOSE THE
 SETTING IN WHICH THEY MAY LIVE;
   (3) NOT IMPOSE ANY REQUIREMENTS ON THE TYPES OF  RESIDENTIAL  SETTINGS
 THAT MAY BE ELIGIBLE FOR FUNDS THROUGH A HOME AND COMMUNITY BASED WAIVER
 BEYOND  THOSE  IMPOSED  BY  FEDERAL LAW UNDER SECTION 1915 OF THE SOCIAL
 SECURITY ACT (42 U.S.C. SEC. 1396N);
   (4) NOT PRECLUDE SETTINGS FROM RECEIVING FUNDING THROUGH  A  HOME  AND
 COMMUNITY  BASED  WAIVER  DUE  TO  THEIR  LOCATION, SIZE, OR THE TYPE OR
 NUMBER OF INDIVIDUALS SERVED EXCEPT AS REQUIRED  BY  FEDERAL  LAW  UNDER
 SECTION 1915 OF THE SOCIAL SECURITY ACT (42 U.S.C. SEC. 1396(N); AND
   (5)  NOT  ESTABLISH  A  MAXIMUM  NUMBER  OR PERCENTAGE OF PERSONS WITH
 DEVELOPMENTAL DISABILITIES WHO MAY LIVE  IN  A  RESIDENTIAL  ENVIRONMENT
 WHEN VIEWED AS A WHOLE.
   (D)  THE  OFFICE  SHALL  COORDINATE  WITH  THE DEPARTMENT OF HEALTH TO
 DETERMINE WHETHER AN AMENDMENT TO THE STATE PLAN AUTHORIZED  BY  SECTION
 THREE  HUNDRED  SIXTY-THREE-A  OF THE SOCIAL SERVICES LAW OR A WAIVER IS
 REQUIRED FROM THE FEDERAL CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES
 ("CMS")  TO  MAXIMIZE  FEDERAL  FINANCIAL  PARTICIPATION FOR THE PROGRAM
 DESCRIBED IN THIS SECTION. IF AN AMENDMENT TO THE STATE PLAN OR A WAIVER
 IS REQUIRED OR DESIRABLE, THE DEPARTMENT OF  HEALTH  SHALL  SUBMIT  SUCH
 AMENDMENT  OR APPLY TO CMS FOR SUCH WAIVER NO MORE THAN NINETY DAYS FROM
 THE DATE THAT THIS SECTION BECOMES EFFECTIVE.
   (E) THE OFFICE SHALL COORDINATE  WITH  THE  DEPARTMENT  OF  HEALTH  TO
 ENSURE  THAT  ANY STATE TRANSITION PLAN SUBMITTED TO CMS THAT RELATES TO
 FEDERAL REGULATIONS GOVERNING HOME AND COMMUNITY-BASED SERVICES IS WRIT-
 TEN, AMENDED OR SUPPLEMENTED TO INCLUDE RECOGNITION  OF  THE  INNOVATIVE
 SUPPORTIVE HOUSING PROGRAM ESTABLISHED BY THIS SECTION.
 A. 9492--A                          4
 
   (F)  THE  OFFICE MAY CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT
 ON HOW RESIDENTIAL ENVIRONMENTS THAT INCLUDE INNOVATIVE SUPPORTIVE HOUS-
 ING AUTHORIZED BY THIS SECTION CAN BEST BE INTEGRATED WITH  THE  BROADER
 COMMUNITY.
   (G)  A  RESIDENTIAL  ENVIRONMENT  IN  WHICH PERSONS WITH DEVELOPMENTAL
 DISABILITIES RECEIVE SERVICES  PURSUANT  TO  THE  INNOVATIVE  SUPPORTIVE
 HOUSING  PROGRAM  ESTABLISHED  BY THIS SECTION SHALL NOT BE CONSIDERED A
 COMMUNITY RESIDENCE, COMMUNITY RESIDENTIAL FACILITY  FOR  THE  DISABLED,
 SUPERVISED  LIVING  FACILITY,  SUPPORTIVE  LIVING FACILITY, OR ANY OTHER
 PROVIDER OF SERVICE REQUIRING AN  OPERATING  CERTIFICATE  UNDER  SECTION
 16.03  OF  THIS ARTICLE. NOTHING IN THIS SECTION SHALL BE INTERPRETED AS
 AUTHORIZING AN INCREASE IN THE NUMBER OF BEDS APPROVED FOR  A  COMMUNITY
 RESIDENCE,  COMMUNITY  RESIDENTIAL FACILITY FOR THE DISABLED, SUPERVISED
 LIVING FACILITY, SUPPORTIVE LIVING FACILITY, OR ANY  OTHER  PROVIDER  OF
 SERVICE  REQUIRING  AN OPERATING CERTIFICATE UNDER SECTION 16.03 OF THIS
 ARTICLE.
   (H) RESIDENTIAL ENVIRONMENTS IN WHICH PERSONS WITH DEVELOPMENTAL DISA-
 BILITIES RECEIVE SERVICES PURSUANT TO THE INNOVATIVE SUPPORTIVE  HOUSING
 PROGRAM  ESTABLISHED  BY THIS SECTION SHALL NOT DISCRIMINATE AGAINST ANY
 RESIDENT OR POTENTIAL RESIDENT BASED ON  RACE,  CREED,  AGE  OTHER  THAN
 BEING AT LEAST EIGHTEEN YEARS OF AGE, COLOR, NATIONAL ORIGIN, SEX, DISA-
 BILITY,  MARITAL  STATUS,  MILITARY STATUS, FAMILY STATUS, SEXUAL ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, OR ANY OTHER PROTECTED CHARACTER-
 ISTIC UNDER THE NEW YORK STATE HUMAN RIGHTS LAW; PROVIDED, HOWEVER, THAT
 THE AUTISM SPECTRUM DISORDERS ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO
 SECTION  13.42 OF THIS TITLE MAY ISSUE GUIDANCE WITH RESPECT TO RESIDENT
 SELECTION, INCLUDING ADMISSIONS CRITERIA,  TO  ENSURE  SUCH  RESIDENTIAL
 ENVIRONMENTS  ARE  PREDOMINANTLY AVAILABLE TO PERSONS WITH DEVELOPMENTAL
 DISABILITIES, AND PROVIDED FURTHER  THAT  RESIDENTIAL  ENVIRONMENTS  MAY
 ADHERE TO SUCH GUIDANCE.
   §  3.  Section  352-g of the general business law, as added by chapter
 987 of the laws of 1960, is amended to read as follows:
   § 352-g. Exemptions. (A) The attorney general, upon  application,  may
 exempt  from the provisions of sections three hundred fifty-two-e, three
 hundred fifty-two-f and three hundred fifty-two-h any offerings of secu-
 rities (1) made to persons not exceeding forty in number  or  (2)  which
 securities  have  been fully registered with the securities and exchange
 commission of the United States of America or have received an exemption
 therefrom for reasons other than said offering is an intrastate offering
 to residents of the state of New York only.
   (B) RESIDENTIAL ENVIRONMENTS THAT ARE FORMED AS COOPERATIVE  INTERESTS
 IN REALTY FOR PERSONS RECEIVING SERVICES UNDER THE INNOVATIVE SUPPORTIVE
 HOUSING  PROGRAM  ESTABLISHED BY SECTION 16.38 OF THE MENTAL HYGIENE LAW
 SHALL BE UNDER THE SOLE JURISDICTION OF THE  AUTISM  SPECTRUM  DISORDERS
 ADVISORY  BOARD  ESTABLISHED  PURSUANT  TO  SECTION  13.42 OF THE MENTAL
 HYGIENE LAW, AND SHALL BE EXEMPT FROM ANY FILING REQUIREMENTS OF SECTION
 THREE HUNDRED FIFTY-TWO-E OF THIS ARTICLE  FOR  THE  INVESTMENT  IN  ANY
 RESIDENTIAL  ENVIRONMENTS  AND  THE CONVERSION OF ANY BUILDING, GROUP OF
 BUILDINGS OR DEVELOPMENT WHICH ARE CONVERTED TO A  COOPERATIVE  INTEREST
 IN REALTY. THE AUTISM SPECTRUM DISORDERS ADVISORY BOARD SHALL BE CHARGED
 WITH THE EXCLUSIVE JURISDICTION OVER ANY DISCLOSURE REQUIREMENTS INVOLV-
 ING  THE  INITIAL  INVESTMENT  IN AND INITIAL PURCHASE OF AN INTEREST IN
 SUCH RESIDENTIAL ENVIRONMENTS.
   § 4. This act shall take effect immediately.

co-Sponsors

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2021-A9492B - Details

See Senate Version of this Bill:: S8521
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §16.38, Ment Hyg L; amd §352-g, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A6575, S5028

2021-A9492B - Summary

Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely reside in such a setting; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

2021-A9492B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9492--B
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI, STIRPE, HUNTER, CLARK, MAGNARELLI,
   DARLING, BURDICK, JENSEN, BYRNES, McMAHON -- read once and referred to
   the Committee on People with  Disabilities  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and  referred  to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the mental hygiene law, in relation to the  creation  of
   an  innovative  housing  initiative  for  persons with a developmental
   disability who wish and are able to safely reside in such  a  setting;
   and  to  amend  the  general  business law, in relation to creating an
   exemption from certain filing requirements  for  residential  environ-
   ments  that  are formed as cooperative interests in realty for persons
   receiving services under the innovative housing initiative
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  purpose and findings. The legislature hereby
 finds and declares as follows:
   (a) New York state is currently facing a  severe  housing  crisis  for
 people with developmental disabilities. Staffing shortages for certified
 housing,  commonly  referred to as group homes, has put additional pres-
 sure on the state to provide alternative and innovative housing  models,
 especially for those persons who are able to live more independently and
 wish to do so.
   (b) Many persons with developmental disabilities live with a parent or
 parents,  a  family  member,  or other similar direct support personnel.
 However, many such persons wish to live more independently, and would do
 so if an option existed that included certain basic supports.
   (c)  Further,  although  family  caregiving  is  appropriate  in  many
 instances,  parents  and similar direct support personnel may eventually
 become unable to continue supporting the person who has a  developmental
 disability,  due  to the direct support personnel's infirmity, death, or
 other concerns.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14727-09-2

 A. 9492--B                          2
 
   (d) When that happens, the person with a developmental disability  may
 need  to  move  to a group home, which is a more restrictive environment
 than an innovative housing initiative could provide.   Often,  available
 group  homes  are  located far from the communities in which people have
 lived  their  entire  lives. Although group homes may be appropriate for
 some persons with developmental disabilities, they are  not  appropriate
 for  those  persons with disabilities who wish and are able to live more
 independently.  Currently, group homes, even for  those  who  choose  to
 live in that setting, do not number nearly enough to meet the need.
   (e)  A  system that creates unnecessary pressure to place persons with
 developmental disabilities in group homes directly contravenes the spir-
 it of federal law that requires state and local governments  to  provide
 people with developmental disabilities opportunities to live in the most
 integrated setting that is available and appropriate for their needs. It
 also  works a double trauma upon the person with developmental disabili-
 ty, who has no option but to move from their long-time  home  while,  at
 the  same  time, grieving the loss of a parent or direct support person-
 nel.
   (f) Accordingly, there is a need to create new and innovative  housing
 models  that  maximize independence for persons with developmental disa-
 bilities.  The state should provide more independent housing options  to
 persons with developmental disabilities, where such persons wish and are
 able  to  take  advantage  of  such opportunities, out of concern that a
 certain number of persons  with  developmental  disabilities  living  in
 close proximity automatically qualifies as an "institution."
   (g)  Guidance  from  the  federal  Centers  for  Medicare and Medicaid
 Services ("CMS") has emphasized that there is no cap or percentage  that
 is used to determine whether housing for people with developmental disa-
 bilities  satisfies the federal standards for what constitutes an insti-
 tution. Rather, CMS clarified that state and  local  governments  should
 focus  on  the experience of the individual with developmental disabili-
 ties in that setting.
   (h) Persons with developmental disabilities can in fact live in  close
 proximity  in a safe and healthy residential environment integrated into
 the community, especially when that environment is chosen by the  person
 and  augmented with supports that maximize the person's independence and
 that are less intensive than the services provided in  an  institutional
 setting.
   (i) Thus, to maximize the availability of innovative housing settings,
 this  legislation directs the office for people with developmental disa-
 bilities ("OPWDD") to  create  an  Innovative  Housing  Initiative  that
 enables  persons  with developmental disabilities to live more independ-
 ently, including housing that is owned or leased in their  name,  or  by
 someone else on behalf of such person or that of a trust established for
 their benefit, with supports provided through OPWDD, such as availabili-
 ty  of  shared  direct  support personnel. In this way, the program will
 ensure  that  persons  with  developmental  disabilities  are   afforded
 settings that are the most integrated and appropriate for their needs.
   §  2.  The mental hygiene law is amended by adding a new section 16.38
 to read as follows:
 § 16.38 INNOVATIVE HOUSING INITIATIVE.
   (A) THE OFFICE SHALL ENABLE PERSONS WITH A DEVELOPMENTAL DISABILITY TO
 LIVE INDEPENDENTLY AND SAFELY, WITH SUPPORT SERVICES, INCLUDING BUT  NOT
 LIMITED  TO STAFFING SUPPORT, SHARED STAFFING SUPPORT, AND OPPORTUNITIES
 FOR SOCIAL ENGAGEMENT AND RECREATION, IN A RESIDENTIAL ENVIRONMENT.
 A. 9492--B                          3
 
   (B) THE OFFICE SHALL ENABLE ELIGIBLE PERSONS WITH DEVELOPMENTAL  DISA-
 BILITIES  TO  RESIDE  IN A RESIDENTIAL ENVIRONMENT COMPRISED OF MULTIPLE
 UNITS OF HOUSING, IN ONE OR MORE BUILDINGS, INCLUDING BUT NOT LIMITED TO
 LEASED RESIDENTIAL HOUSING UNITS, HOUSING THAT QUALIFIES  AS  A  COOPER-
 ATIVE  INTEREST IN REALTY UNDER SECTION THREE HUNDRED FIFTY-TWO-E OF THE
 GENERAL BUSINESS LAW, INCLUDING CONDOMINIUM UNITS UNDER  ARTICLE  NINE-B
 OF  THE REAL PROPERTY LAW, WHERE AN INTEREST IN EACH RESIDENTIAL UNIT IS
 OWNED OR LEASED BY A PERSON WITH A DEVELOPMENTAL DISABILITY, OR AN ENTI-
 TY ON BEHALF OF SUCH PERSON, INCLUDING BUT NOT LIMITED TO A TRUST ESTAB-
 LISHED FOR SUCH PERSON'S BENEFIT.  EACH UNIT OF RESIDENTIAL HOUSING  MAY
 BE  HOME TO NO MORE THAN THE NUMBER OF UNRELATED PERSONS WHO MAY LIVE IN
 SUCH UNIT PURSUANT TO LOCAL LAW.
   (C) THE DETERMINATION THAT A PERSON WITH  A  DEVELOPMENTAL  DISABILITY
 MAY  INDEPENDENTLY  AND  SAFELY  LIVE  IN THE RESIDENTIAL ENVIRONMENT OF
 THEIR CHOICE, WITH SUPPORT  SERVICES,  SHALL  BE  MADE  SOLELY  BY  SUCH
 PERSON,  IN  COLLABORATION  WITH THEIR SERVICE PROVIDER AND CARE COORDI-
 NATION AGENCY, OR A SUCCESSOR SERVICE PROVIDER. SUCH PERSONS SHALL  HAVE
 THE RIGHT TO ALSO CHOOSE THE PERSONS WITH WHOM THEY LIVE.
   (D)  WHEN  DETERMINING  ELIGIBILITY  FOR  ANY HOUSING SUBSIDY PROGRAM,
 SUPPORT SERVICES OR OTHER BENEFITS PROVIDED  TO  PERSONS  WITH  DEVELOP-
 MENTAL  DISABILITIES,  IN RECOGNITION OF THE REQUIREMENT THAT GOVERNMENT
 AGENCIES FOCUS ON AN INDIVIDUAL'S EXPERIENCE WHEN DETERMINING WHETHER  A
 RESIDENTIAL ENVIRONMENT IS THE MOST INTEGRATED AND APPROPRIATE FOR THEIR
 NEEDS, THE OFFICE SHALL:
   (1)  MAXIMIZE  AND PRIORITIZE THE ABILITY OF INDIVIDUALS TO CHOOSE THE
 RESIDENTIAL ENVIRONMENTS IN WHICH THEY MAY LIVE AND WITH WHOM THEY  WISH
 TO LIVE;
   (2) MAXIMIZE THE TYPES OF RESIDENTIAL ENVIRONMENTS WHERE A PERSON WITH
 DEVELOPMENTAL  DISABILITIES  MAY  LIVE  WHILE  BEING  ELIGIBLE FOR FUNDS
 THROUGH A HOME AND COMMUNITY BASED WAIVER, TO THE FULL EXTENT  PERMITTED
 BY FEDERAL LAW; AND
   (3) ENABLE A NUMBER OF PERSONS WITH DEVELOPMENTAL DISABILITIES TO LIVE
 IN  A  RESIDENTIAL  ENVIRONMENT  WHEN  VIEWED  AS A WHOLE UP TO THE FULL
 EXTENT PERMITTED BY FEDERAL LAW.
   (E) THIS SECTION SHALL NOT  LIMIT  OR  OTHERWISE  AFFECT  REQUIREMENTS
 APPLYING TO:
   (1)  AN  INTEGRATED  SUPPORTIVE  HOUSING  PROGRAM  ADMINISTERED BY THE
 OFFICE IN COORDINATION  WITH  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  (COMMONLY  REFERRED  TO  AS  THE INTEGRATIVE SUPPORTIVE HOUSING
 PROGRAM OR "ISH"); OR
   (2) PROJECTS DEVELOPED AS PART OF AN EMPIRE STATE  SUPPORTIVE  HOUSING
 INITIATIVE (COMMONLY REFERRED TO AS "ESSHI").
   (F)  THE  OFFICE  SHALL  COORDINATE  WITH  THE DEPARTMENT OF HEALTH TO
 DETERMINE WHETHER AN AMENDMENT TO THE STATE PLAN AUTHORIZED  BY  SECTION
 THREE  HUNDRED  SIXTY-THREE-A  OF THE SOCIAL SERVICES LAW OR A WAIVER IS
 REQUIRED FROM THE FEDERAL CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES
 ("CMS")  TO  MAXIMIZE FEDERAL FINANCIAL PARTICIPATION FOR THE INITIATIVE
 DESCRIBED IN THIS SECTION. IF AN AMENDMENT TO THE STATE PLAN OR A WAIVER
 IS REQUIRED OR DESIRABLE, THE DEPARTMENT OF  HEALTH  SHALL  SUBMIT  SUCH
 AMENDMENT  OR APPLY TO CMS FOR SUCH WAIVER NO MORE THAN NINETY DAYS FROM
 THE DATE THAT THIS SECTION BECOMES EFFECTIVE.
   (G) THE OFFICE SHALL COORDINATE  WITH  THE  DEPARTMENT  OF  HEALTH  TO
 ENSURE  THAT  ANY STATE TRANSITION PLAN SUBMITTED TO CMS THAT RELATES TO
 FEDERAL REGULATIONS GOVERNING HOME AND COMMUNITY-BASED SERVICES IS WRIT-
 TEN, AMENDED OR SUPPLEMENTED TO INCLUDE RECOGNITION  OF  THE  INNOVATIVE
 HOUSING INITIATIVE DESCRIBED BY THIS SECTION.
 A. 9492--B                          4
 
   (H)  THE  OFFICE MAY CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT
 ON HOW RESIDENTIAL ENVIRONMENTS THAT INCLUDE INNOVATIVE HOUSING  AUTHOR-
 IZED BY THIS SECTION CAN BEST BE INTEGRATED WITH THE BROADER COMMUNITY.
   (I)  THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT THE OPERATION WITH-
 OUT AN OPERATING CERTIFICATE OF A COMMUNITY RESIDENCE,  COMMUNITY  RESI-
 DENTIAL  FACILITY FOR THE DISABLED, SUPERVISED LIVING FACILITY, SUPPORT-
 IVE LIVING FACILITY, OR ANY  OTHER  PROVIDER  OF  SERVICE  REQUIRING  AN
 OPERATING  CERTIFICATE  UNDER  SECTION 16.03 OF THIS ARTICLE. NOTHING IN
 THIS SECTION SHALL BE INTERPRETED AS  AUTHORIZING  AN  INCREASE  IN  THE
 NUMBER OF BEDS APPROVED FOR A COMMUNITY RESIDENCE, COMMUNITY RESIDENTIAL
 FACILITY FOR THE DISABLED, SUPERVISED LIVING FACILITY, SUPPORTIVE LIVING
 FACILITY,  OR  ANY  OTHER  PROVIDER  OF  SERVICE  REQUIRING AN OPERATING
 CERTIFICATE UNDER SECTION 16.03 OF THIS ARTICLE.
   (J) RESIDENTIAL ENVIRONMENTS IN WHICH PERSONS WITH DEVELOPMENTAL DISA-
 BILITIES RECEIVE SERVICES PURSUANT TO THE INNOVATIVE HOUSING  INITIATIVE
 DESCRIBED BY THIS SECTION SHALL NOT DISCRIMINATE AGAINST ANY RESIDENT OR
 POTENTIAL  RESIDENT  BASED ON RACE, CREED, AGE OTHER THAN BEING AT LEAST
 EIGHTEEN YEARS OF AGE, COLOR, NATIONAL ORIGIN, SEX, DISABILITY,  MARITAL
 STATUS, MILITARY STATUS, FAMILY STATUS, SEXUAL ORIENTATION, GENDER IDEN-
 TITY  OR EXPRESSION, OR ANY OTHER PROTECTED CHARACTERISTIC UNDER THE NEW
 YORK STATE HUMAN RIGHTS LAW.
   § 3. Section 352-g of the general business law, as  added  by  chapter
 987 of the laws of 1960, is amended to read as follows:
   §  352-g.  Exemptions. (A) The attorney general, upon application, may
 exempt from the provisions of sections three hundred fifty-two-e,  three
 hundred fifty-two-f and three hundred fifty-two-h any offerings of secu-
 rities  (1)  made  to persons not exceeding forty in number or (2) which
 securities have been fully registered with the securities  and  exchange
 commission of the United States of America or have received an exemption
 therefrom for reasons other than said offering is an intrastate offering
 to residents of the state of New York only.
   (B)  RESIDENTIAL  ENVIRONMENTS  THAT ARE FORMED AS HOUSING DEVELOPMENT
 FUND CORPORATIONS PURSUANT TO ARTICLE XI OF THE PRIVATE HOUSING  FINANCE
 LAW  AND  SECTION FOUR HUNDRED TWO OF THE BUSINESS CORPORATION LAW WHERE
 SUCH RESIDENTIAL ENVIRONMENT IS FORMED FOR  PERSONS  RECEIVING  SERVICES
 UNDER  THE INNOVATIVE HOUSING INITIATIVE ESTABLISHED BY SECTION 16.38 OF
 THE MENTAL HYGIENE LAW AND WHERE THE DIVISION OF HOUSING  AND  COMMUNITY
 RENEWAL  IS  THE  SUPERVISING  AGENCY AS DEFINED BY SECTION FIVE HUNDRED
 SEVENTY-TWO OF THE PRIVATE HOUSING FINANCE LAW, AND WHERE  THE  DIVISION
 OF  HOUSING  AND COMMUNITY RENEWAL REQUIRES THE HOUSING DEVELOPMENT FUND
 CORPORATION TO ENTER INTO A MONITORING AGREEMENT WITH A  QUALIFIED  NOT-
 FOR-PROFIT  WITH  EXPERIENCE IN THE OVERSIGHT, SUPPORT AND MANAGEMENT OF
 HOUSING DEVELOPMENT FUND CORPORATIONS SHALL BE EXEMPT  FROM  ANY  FILING
 REQUIREMENTS  OF  SECTION  THREE HUNDRED FIFTY-TWO-E OF THIS ARTICLE FOR
 THE INVESTMENT IN ANY RESIDENTIAL ENVIRONMENTS AND THE CONVERSION OF ANY
 BUILDING, GROUP OF BUILDINGS OR DEVELOPMENT WHICH  ARE  CONVERTED  TO  A
 HOUSING DEVELOPMENT FUND CORPORATION.
   § 4. This act shall take effect immediately.

co-Sponsors

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2021-A9492C (ACTIVE) - Details

See Senate Version of this Bill:: S8521
Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Add §16.38, Ment Hyg L; amd §352-g, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A6575, S5028

2021-A9492C (ACTIVE) - Summary

Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely reside in such a setting; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

2021-A9492C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9492--C
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI, STIRPE, HUNTER, CLARK, MAGNARELLI,
   DARLING, BURDICK, JENSEN, BYRNES, McMAHON -- read once and referred to
   the Committee on People with  Disabilities  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported and  referred  to  the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee
 
 AN ACT to amend the mental hygiene law, in relation to the  creation  of
   an  innovative  housing  initiative  for  persons with a developmental
   disability who wish and are able to safely reside in such  a  setting;
   to  direct  the division of housing and community renewal to establish
   guidelines for the dissemination of disclosure materials for the offer
   and sale of interests in residential  environments  formed  under  the
   innovative  housing initiative; and to amend the general business law,
   in relation to creating an exemption from certain filing  requirements
   for  residential environments that are formed as cooperative interests
   in realty for persons receiving services under the innovative  housing
   initiative
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative purpose and findings.  The  legislature  hereby
 finds and declares as follows:
   (a)  New  York  state  is currently facing a severe housing crisis for
 people with developmental disabilities. Staffing shortages for certified
 housing, commonly referred to as group homes, has put  additional  pres-
 sure  on the state to provide alternative and innovative housing models,
 especially for those persons who are able to live more independently and
 wish to do so.
   (b) Many persons with developmental disabilities live with a parent or
 parents, a family member, or other  similar  direct  support  personnel.
 However, many such persons wish to live more independently, and would do
 so if an option existed that included certain appropriate supports.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14727-11-2
 A. 9492--C                          2
 
   (c)  Further,  although  family  caregiving  is  appropriate  in  many
 instances, parents and similar direct support personnel  may  eventually
 become  unable to continue supporting the person who has a developmental
 disability, due to the direct support personnel's infirmity,  death,  or
 other concerns.
   (d)  When that happens, the person with a developmental disability may
 need to move to a group home, which is a  more  restrictive  environment
 than  an  innovative housing initiative could provide.  Often, available
 group homes are located far from the communities in  which  people  have
 lived  their  entire  lives. Although group homes may be appropriate for
 some persons with developmental disabilities, they are  not  appropriate
 for  those  persons with disabilities who wish and are able to live more
 independently.  Currently, group homes, even for  those  who  choose  to
 live in that setting, do not number nearly enough to meet the need.
   (e)  A  system that creates unnecessary pressure to place persons with
 developmental disabilities in group homes directly contravenes the spir-
 it of federal law that requires state and local governments  to  provide
 people with developmental disabilities opportunities to live in the most
 integrated setting that is available and appropriate for their needs. It
 also  works a double trauma upon the person with developmental disabili-
 ty, who has no option but to move from their long-time  home  while,  at
 the  same  time, grieving the loss of a parent or direct support person-
 nel.
   (f) Accordingly, there is a need to create new and innovative  housing
 models  that  maximize independence for persons with developmental disa-
 bilities.  The state should provide more independent housing options  to
 persons with developmental disabilities, where such persons wish and are
 able  to  take  advantage  of  such opportunities, out of concern that a
 certain number of persons  with  developmental  disabilities  living  in
 close proximity automatically qualifies as an "institution."
   (g)  Guidance  from  the  federal  Centers  for  Medicare and Medicaid
 Services ("CMS") has emphasized that there is no cap or percentage  that
 is used to determine whether housing for people with developmental disa-
 bilities  satisfies the federal standards for what constitutes an insti-
 tution. Rather, CMS clarified that state and  local  governments  should
 focus  on  the experience of the individual with developmental disabili-
 ties in that setting.
   (h) Persons with developmental disabilities can in fact live in  close
 proximity  in a safe and healthy residential environment integrated into
 the community, especially when that environment is chosen by the  person
 and  augmented with supports that maximize the person's independence and
 that are less intensive than the services provided in  an  institutional
 setting.
   (i) Thus, to maximize the availability of innovative housing settings,
 this  legislation directs the office for people with developmental disa-
 bilities ("OPWDD") to  create  an  Innovative  Housing  Initiative  that
 enables  persons  with developmental disabilities to live more independ-
 ently, including housing that is owned or leased in their  name,  or  by
 someone else on behalf of such person or that of a trust established for
 their benefit, with supports provided through OPWDD, such as availabili-
 ty  of  shared  direct  support personnel. In this way, the program will
 ensure  that  persons  with  developmental  disabilities  are   afforded
 settings that are the most integrated and appropriate for their needs.
   §  2.  The mental hygiene law is amended by adding a new section 16.38
 to read as follows:
 § 16.38 INNOVATIVE HOUSING INITIATIVE.
 A. 9492--C                          3

   (A) THE OFFICE SHALL ENABLE PERSONS WITH A DEVELOPMENTAL DISABILITY TO
 LIVE INDEPENDENTLY IN A RESIDENTIAL ENVIRONMENT, WITH SUPPORT  SERVICES,
 INCLUDING  BUT NOT LIMITED TO STAFFING SUPPORT, SHARED STAFFING SUPPORT,
 AND OPPORTUNITIES FOR SOCIAL ENGAGEMENT AND RECREATION.
   (B)  SUCH RESIDENTIAL ENVIRONMENT MAY BE COMPRISED OF A SINGLE HOUSING
 UNIT OR MULTIPLE UNITS OF HOUSING, IN ONE OR MORE  BUILDINGS,  INCLUDING
 BUT  NOT  LIMITED TO: (I) LEASED RESIDENTIAL HOUSING UNITS; (II) HOUSING
 THAT QUALIFIES AS A COOPERATIVE INTEREST IN REALTY UNDER  SECTION  THREE
 HUNDRED  FIFTY-TWO-E  OF THE GENERAL BUSINESS LAW; AND (III) CONDOMINIUM
 UNITS UNDER ARTICLE NINE-B OF THE REAL PROPERTY LAW.   THE  INTEREST  IN
 SUCH RESIDENTIAL UNIT MAY BE LEASED OR OWNED BY A PERSON WITH A DEVELOP-
 MENTAL  DISABILITY, OR AN ENTITY ON BEHALF OF SUCH PERSON, INCLUDING BUT
 NOT LIMITED TO A TRUST ESTABLISHED FOR SUCH PERSON'S BENEFIT.  EACH UNIT
 OF RESIDENTIAL HOUSING MAY BE OCCUPIED BY NO MORE  THAN  THE  NUMBER  OF
 UNRELATED PERSONS PERMITTED BY LOCAL LAW.
   (C)  THE  SELECTION  OF  THE  RESIDENTIAL  ENVIRONMENT,  THE PERSON OR
 PERSONS WITH WHOM THEY LIVE AND THE DETERMINATION THAT  THEY  MAY  INDE-
 PENDENTLY  LIVE  IN SUCH RESIDENTIAL ENVIRONMENT, WITH SUPPORT SERVICES,
 SHALL BE MADE SOLELY BY SUCH PERSON WITH A DEVELOPMENTAL DISABILITY  AND
 THEIR QUALIFIED REPRESENTATIVE.
   (D) IN RECOGNITION OF THE REQUIREMENT THAT THE INDIVIDUAL'S EXPERIENCE
 SHALL DETERMINE WHETHER A RESIDENTIAL ENVIRONMENT IS THE MOST INTEGRATED
 AND  APPROPRIATE  FOR THE NEEDS OF THE PERSON WITH A DEVELOPMENTAL DISA-
 BILITY, IN DETERMINING ELIGIBILITY  FOR  ANY  HOUSING  PROGRAM,  SUPPORT
 SERVICES OR OTHER BENEFITS, THE OFFICE SHALL:
   (1)  HONOR  THE RIGHT OF THE PERSON WITH A DEVELOPMENTAL DISABILITY TO
 CHOOSE THE RESIDENTIAL ENVIRONMENT AND WITH WHOM THEY MAY LIVE;
   (2) MAXIMIZE THE TYPES OF RESIDENTIAL ENVIRONMENTS IN WHICH  A  PERSON
 WITH  A DEVELOPMENTAL DISABILITY MAY LIVE WHILE BEING ELIGIBLE FOR FUNDS
 THROUGH A HOME AND COMMUNITY BASED WAIVER TO THE FULL  EXTENT  PERMITTED
 BY FEDERAL LAW; AND
   (3) PERMIT A NUMBER OF PERSONS WITH A DEVELOPMENTAL DISABILITY TO LIVE
 IN  A  RESIDENTIAL  ENVIRONMENT  WHEN  VIEWED  AS A WHOLE UP TO THE FULL
 EXTENT PERMITTED BY FEDERAL LAW.
   (E) THIS SECTION SHALL NOT  LIMIT  OR  OTHERWISE  AFFECT  REQUIREMENTS
 APPLYING TO:
   (1)  AN  INTEGRATED  SUPPORTIVE  HOUSING  PROGRAM  ADMINISTERED BY THE
 OFFICE IN COORDINATION  WITH  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
 RENEWAL  (COMMONLY  REFERRED  TO  AS  THE INTEGRATIVE SUPPORTIVE HOUSING
 PROGRAM OR "ISH"); OR
   (2) PROJECTS DEVELOPED AS PART OF AN EMPIRE STATE  SUPPORTIVE  HOUSING
 INITIATIVE (COMMONLY REFERRED TO AS "ESSHI").
   (F)  THE  OFFICE  SHALL  COORDINATE  WITH  THE DEPARTMENT OF HEALTH TO
 DETERMINE WHETHER AN AMENDMENT TO THE STATE PLAN AUTHORIZED  BY  SECTION
 THREE  HUNDRED  SIXTY-THREE-A  OF THE SOCIAL SERVICES LAW OR A WAIVER IS
 REQUIRED FROM THE FEDERAL CENTERS FOR  MEDICARE  AND  MEDICAID  SERVICES
 ("CMS")  TO  MAXIMIZE FEDERAL FINANCIAL PARTICIPATION FOR THE INITIATIVE
 DESCRIBED IN THIS SECTION. IF AN AMENDMENT TO THE STATE PLAN OR A WAIVER
 IS REQUIRED OR DESIRABLE, THE DEPARTMENT OF  HEALTH  SHALL  SUBMIT  SUCH
 AMENDMENT  OR APPLY TO CMS FOR SUCH WAIVER NO MORE THAN NINETY DAYS FROM
 THE DATE THAT THIS SECTION BECOMES EFFECTIVE.
   (G) THE OFFICE SHALL COORDINATE  WITH  THE  DEPARTMENT  OF  HEALTH  TO
 ENSURE  THAT  ANY STATE TRANSITION PLAN SUBMITTED TO CMS THAT RELATES TO
 FEDERAL REGULATIONS GOVERNING HOME AND COMMUNITY-BASED SERVICES IS WRIT-
 TEN, AMENDED OR SUPPLEMENTED TO INCLUDE RECOGNITION  OF  THE  INNOVATIVE
 HOUSING INITIATIVE DESCRIBED BY THIS SECTION.
 A. 9492--C                          4
 
   (H)  THE  OFFICE MAY CONDUCT PUBLIC HEARINGS TO RECEIVE PUBLIC COMMENT
 ON HOW RESIDENTIAL ENVIRONMENTS THAT INCLUDE INNOVATIVE HOUSING  AUTHOR-
 IZED BY THIS SECTION CAN BEST BE INTEGRATED WITH THE BROADER COMMUNITY.
   (I)  THIS SECTION SHALL NOT BE CONSTRUED TO PERMIT THE OPERATION WITH-
 OUT AN OPERATING CERTIFICATE OF A COMMUNITY RESIDENCE,  COMMUNITY  RESI-
 DENTIAL  FACILITY FOR THE DISABLED, SUPERVISED LIVING FACILITY, SUPPORT-
 IVE LIVING FACILITY, OR ANY  OTHER  PROVIDER  OF  SERVICE  REQUIRING  AN
 OPERATING  CERTIFICATE  UNDER  SECTION 16.03 OF THIS ARTICLE. NOTHING IN
 THIS SECTION SHALL BE INTERPRETED AS  AUTHORIZING  AN  INCREASE  IN  THE
 NUMBER OF BEDS APPROVED FOR A COMMUNITY RESIDENCE, COMMUNITY RESIDENTIAL
 FACILITY FOR THE DISABLED, SUPERVISED LIVING FACILITY, SUPPORTIVE LIVING
 FACILITY,  OR  ANY  OTHER  PROVIDER  OF  SERVICE  REQUIRING AN OPERATING
 CERTIFICATE UNDER SECTION 16.03 OF THIS ARTICLE.
   (J) RESIDENTIAL ENVIRONMENTS IN WHICH  PERSONS  WITH  A  DEVELOPMENTAL
 DISABILITY  RECEIVE  SERVICES  PURSUANT TO THE INNOVATIVE HOUSING INITI-
 ATIVE DESCRIBED BY THIS SECTION SHALL NOT DISCRIMINATE AGAINST ANY RESI-
 DENT OR POTENTIAL RESIDENT BASED ON RACE, CREED, AGE OTHER THAN BEING AT
 LEAST EIGHTEEN YEARS OF AGE, COLOR, NATIONAL  ORIGIN,  SEX,  DISABILITY,
 MARITAL  STATUS,  MILITARY  STATUS,  FAMILY  STATUS, SEXUAL ORIENTATION,
 GENDER IDENTITY OR EXPRESSION, OR  ANY  OTHER  PROTECTED  CHARACTERISTIC
 UNDER THE NEW YORK STATE HUMAN RIGHTS LAW.
   §  3.  The  division  of housing and community renewal shall establish
 guidelines for the dissemination of disclosure materials for  the  offer
 and sale of interests in residential environments formed under the inno-
 vative  housing  initiative  established  by section 16.38 of the mental
 hygiene law, including (a)  housing  that  qualifies  as  a  cooperative
 interest  in realty under section 352-e of the general business law; (b)
 condominium units under article 9-B of  the real property law;  and  (c)
 shares  in  a  housing  development fund corporation which are otherwise
 exempt from the filing requirements of  section  352-e  of  the  general
 business  law,  to  ensure  material  information  is  disclosed  to any
 prospective shareholder  that:  (i)  fully  describes  the  risks  to  a
 prospective  shareholder's  investment; and (ii) encourages the prospec-
 tive shareholder to consult with legal counsel prior to  purchasing  any
 shares.    The  division of housing and community renewal shall make the
 disclosure guidelines publicly available on its  website  in  compliance
 with section 102(14) of the state administrative procedure act.
   §  4.  Section  352-g of the general business law, as added by chapter
 987 of the laws of 1960, is amended to read as follows:
   § 352-g. Exemptions. (A) The attorney general, upon  application,  may
 exempt  from the provisions of sections three hundred fifty-two-e, three
 hundred fifty-two-f and three hundred fifty-two-h any offerings of secu-
 rities (1) made to persons not exceeding forty in number  or  (2)  which
 securities  have  been fully registered with the securities and exchange
 commission of the United States of America or have received an exemption
 therefrom for reasons other than said offering is an intrastate offering
 to residents of the state of New York only.
   (B) RESIDENTIAL ENVIRONMENTS THAT ARE FORMED  AS  HOUSING  DEVELOPMENT
 FUND  CORPORATIONS PURSUANT TO ARTICLE XI OF THE PRIVATE HOUSING FINANCE
 LAW AND SECTION FOUR HUNDRED TWO OF THE BUSINESS CORPORATION  LAW  WHERE
 SUCH  RESIDENTIAL  ENVIRONMENT  IS FORMED FOR PERSONS RECEIVING SERVICES
 UNDER THE INNOVATIVE HOUSING INITIATIVE ESTABLISHED BY SECTION 16.38  OF
 THE  MENTAL  HYGIENE LAW AND WHERE THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL IS THE SUPERVISING AGENCY AS DEFINED  BY  SECTION  FIVE  HUNDRED
 SEVENTY-TWO  OF  THE PRIVATE HOUSING FINANCE LAW, AND WHERE THE DIVISION
 OF HOUSING AND COMMUNITY RENEWAL REQUIRES THE HOUSING  DEVELOPMENT  FUND
 A. 9492--C                          5
 
 CORPORATION  TO  ENTER INTO A MONITORING AGREEMENT WITH A QUALIFIED NOT-
 FOR-PROFIT WITH EXPERIENCE IN THE OVERSIGHT, SUPPORT AND  MANAGEMENT  OF
 HOUSING  DEVELOPMENT  FUND  CORPORATIONS SHALL BE EXEMPT FROM ANY FILING
 REQUIREMENTS  OF  SECTION  THREE HUNDRED FIFTY-TWO-E OF THIS ARTICLE FOR
 THE INVESTMENT IN ANY RESIDENTIAL ENVIRONMENTS AND THE CONVERSION OF ANY
 BUILDING, GROUP OF BUILDINGS OR DEVELOPMENT WHICH  ARE  CONVERTED  TO  A
 HOUSING DEVELOPMENT FUND CORPORATION.
   § 5. This act shall take effect immediately.

Assembly Bill A9492C

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Assembly Bill A9492C

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Sponsored By

ABINANTI

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Albert A. Stirpe

2021-A9492 - Details

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Albert A. Stirpe

Pamela J. Hunter

Sarah Clark

William Magnarelli

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Albert A. Stirpe

Pamela J. Hunter

Sarah Clark

William Magnarelli

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co-Sponsors

Albert A. Stirpe

Pamela J. Hunter

Sarah Clark

William Magnarelli

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