NY State Senate Bill 2023-S4537

Senate Bill S4537

2023-2024 Legislative Session

Establishes community residences for victims of domestic violence and their family or household members

download bill text pdf

Current Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to social services
Feb 09, 2023	referred to social services

2023-S4537 (ACTIVE) - Details

Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §459-i, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:: S8132

2023-S4537 (ACTIVE) - Summary

Establishes community residences for victims of domestic violence and their family or household members.

2023-S4537 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4537

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing
community residences for victims of domestic violence and their family
or household members

 
PURPOSE:

Establishes community residences for victims of domestic violence and
their family or household members

 
SUMMARY OF PROVISIONS:

Section 1 amends the social services law by adding section 459-i that
allows the commissioner the jurisdiction to operate or cause to be oper-
ated community residential facilities for victims of domestic violence
and their family members. Additionally, the commissioner may provide
state aid to local governments and to voluntary agencies in the amount
not to exceed fifty percent for acquisition or construction of such

community residences and in an amount not to exceed fifty percent for
the total operating costs of community residences except community resi-
dences for victims of domestic violence. 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.

The sponsoring agency requesting to establish a facility without a
specific site may notify the chief executive officer of the municipality
in writing of its intentions and include a description of the nature,
size, and community support requirements of the program. However, noth-
ing in this subdivision shall preclude the proposed establishment of a
site pursuant to subdivision four of this section.

States the procedure for the sponsoring agency to request a residential
facility once the site has been selected. Including a timeline of when
the municipality must answer such requests and appropriate responses by
the municipality to such notice.

A clause is included to ensure that licensing authorities and the office
for the prevention of domestic violence does not issue an operating
certificate to a sponsoring agency for the operation of a facility if
the sponsoring agency does not notify the municipality of its intention
to establish a program as required by subdivision four of this section.
However, nothing contained in this paragraph shall either be construed
to require facilities of more than fourteen beds to meet any other
requirements of this section or to deem such facilities family units for
the purposes of local laws and ordinances.

Lastly, a community residence established pursuant to this section shall
be deemed a family unit, for the purposes of local laws and ordinances.

Section 2 states the effective date.

 
JUSTIFICATION:

According to the National Network to End Domestic Violence, between 22
and 57 percent of survivors of domestic violence are homeless due to
domestic violence. Safe and affordable housing should not be a barrier
that keeps survivors in abusive relationships.

This bill seeks to prevent communities from excluding domestic violence
residential facilities unless the area is already saturated or a better
site in the same community could be found.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S8132 - Died in Social Services

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
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 effective date.

2023-S4537 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4537
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 9, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law,  in  relation  to  establishing
   community residences for victims of domestic violence and their family
   or household members

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The social services law is amended by adding a new  section
 459-i to read as follows:
   § 459-I. COMMUNITY RESIDENCES FOR VICTIMS OF DOMESTIC VIOLENCE. 1. FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "COMMUNITY RESIDENTIAL FACILITY FOR VICTIMS OF DOMESTIC VIOLENCE"
 MEANS A SUPPORTIVE LIVING FACILITY WITH FOUR TO FOURTEEN RESIDENTS OR  A
 SUPERVISED  LIVING  FACILITY  SUBJECT TO LICENSURE BY THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE WHICH PROVIDES A  RESIDENCE  FOR  UP  TO
 FOURTEEN  INDIVIDUALS  WHO  ARE  A VICTIM OF DOMESTIC VIOLENCE AND THEIR
 FAMILY OR HOUSEHOLD MEMBERS.
   (B) "SPONSORING AGENCY" MEANS AN  AGENCY  OR  UNIT  OF  GOVERNMENT,  A
 VOLUNTARY  AGENCY  OR  ANY OTHER PERSON OR ORGANIZATION WHICH INTENDS TO
 ESTABLISH OR OPERATE A COMMUNITY RESIDENTIAL  FACILITY  FOR  VICTIMS  OF
 DOMESTIC VIOLENCE AND THEIR FAMILY OR HOUSEHOLD MEMBERS.
   (C)  "MUNICIPALITY"  MEANS AN INCORPORATED VILLAGE IF A FACILITY IS TO
 BE LOCATED THEREIN, A TOWN IF THE FACILITY IS TO BE LOCATED THEREIN  AND
 NOT  SIMULTANEOUSLY  WITHIN  AN  INCORPORATED VILLAGE, OR A CITY, EXCEPT
 THAT IN THE CITY OF NEW YORK, THE COMMUNITY BOARD WITH JURISDICTION OVER
 THE AREA IN WHICH SUCH A FACILITY IS TO BE LOCATED SHALL  BE  CONSIDERED
 THE MUNICIPALITY.
   (D) "COMMISSIONER" MEANS THE COMMISSIONER OF THE OFFICE OF THE DEPART-
 MENT  RESPONSIBLE  FOR  ISSUANCE OF LICENSE AND OPERATING CERTIFICATE TO
 THE PROPOSED COMMUNITY RESIDENTIAL FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09291-01-3

 S. 4537                             2
 
   2. THE COMMISSIONER SHALL HAVE THE POWER TO OPERATE  OR  CAUSE  TO  BE
 OPERATED  COMMUNITY  RESIDENTIAL  FACILITIES  FOR  VICTIMS  OF  DOMESTIC
 VIOLENCE AND THEIR FAMILY OR HOUSEHOLD MEMBERS. WITHIN AMOUNTS AVAILABLE
 THEREFOR AND SUBJECT TO  REGULATIONS  ESTABLISHED  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 VICTIMS OF DOMESTIC VIOLENCE. 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.
   3.  IF A SPONSORING AGENCY INTENDS TO ESTABLISH A RESIDENTIAL FACILITY
 FOR VICTIMS OF DOMESTIC VIOLENCE WITHIN A MUNICIPALITY BUT DOES NOT HAVE
 A SPECIFIC SITE SELECTED, IT MAY NOTIFY THE CHIEF EXECUTIVE  OFFICER  OF
 THE MUNICIPALITY IN WRITING OF ITS INTENTIONS AND INCLUDE IN SUCH NOTICE
 A  DESCRIPTION OF THE NATURE, SIZE AND COMMUNITY SUPPORT REQUIREMENTS OF
 THE PROGRAM.  PROVIDED,  HOWEVER,  NOTHING  IN  THIS  SUBDIVISION  SHALL
 PRECLUDE  THE  PROPOSED  ESTABLISHMENT OF A SITE PURSUANT TO SUBDIVISION
 FOUR OF THIS SECTION.
   4. (A) WHEN A SITE HAS BEEN SELECTED  BY  THE  SPONSORING  AGENCY,  IT
 SHALL  NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WRITING
 AND INCLUDE IN SUCH NOTICE THE SPECIFIC ADDRESS OF THE SITE, THE TYPE OF
 COMMUNITY RESIDENCE, THE NUMBER OF RESIDENTS AND THE  COMMUNITY  SUPPORT
 REQUIREMENTS  OF  THE  PROGRAM.  SUCH NOTICE SHALL ALSO CONTAIN THE MOST
 RECENTLY PUBLISHED  DATA  COMPILED  PURSUANT  TO  SECTION  FOUR  HUNDRED
 SIXTY-THREE-A OF THIS CHAPTER WHICH CAN REASONABLY BE EXPECTED TO PERMIT
 THE  MUNICIPALITY  TO  EVALUATE ALL SUCH FACILITIES AFFECTING THE NATURE
 AND CHARACTER OF THE AREA  WHEREIN  SUCH  PROPOSED  FACILITY  IS  TO  BE
 LOCATED.  THE  MUNICIPALITY  SHALL  HAVE FORTY DAYS AFTER THE RECEIPT OF
 SUCH NOTICE TO:
   (I) APPROVE THE SITE RECOMMENDED BY THE SPONSORING AGENCY;
   (II) SUGGEST ONE OR MORE SUITABLE SITES WITHIN ITS JURISDICTION  WHICH
 COULD ACCOMMODATE SUCH A FACILITY; OR
   (III)  OBJECT TO THE ESTABLISHMENT OF A FACILITY OF THE KIND DESCRIBED
 BY THE SPONSORING AGENCY BECAUSE TO DO SO WOULD RESULT IN SUCH A CONCEN-
 TRATION OF COMMUNITY RESIDENTIAL  FACILITIES  FOR  VICTIMS  OF  DOMESTIC
 VIOLENCE  IN  THE  MUNICIPALITY  OR IN THE AREA IN PROXIMITY TO THE SITE
 SELECTED OR A COMBINATION OF SUCH FACILITIES WITH OTHER COMMUNITY  RESI-
 DENCES OR SIMILAR FACILITIES LICENSED BY OTHER AGENCIES OF STATE GOVERN-
 MENT,  INCLUDING ALL COMMUNITY RESIDENCES, INTERMEDIATE CARE FACILITIES,
 RESIDENTIAL CARE FACILITIES FOR ADULTS AND RESIDENTIAL TREATMENT FACILI-
 TIES FOR INDIVIDUALS WITH MENTAL ILLNESS OR  DEVELOPMENTAL  DISABILITIES
 OPERATED PURSUANT TO ARTICLE SIXTEEN OR ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE  LAW  AND ALL SIMILAR RESIDENTIAL FACILITIES OF FOURTEEN OR LESS
 RESIDENTS OPERATED OR LICENSED BY ANOTHER STATE AGENCY, THAT THE  NATURE
 AND CHARACTER OF THE AREAS WITHIN THE MUNICIPALITY WOULD BE SUBSTANTIAL-
 LY ALTERED.
   (B)  SUCH RESPONSE SHALL BE FORWARDED TO THE SPONSORING AGENCY AND THE
 COMMISSIONER. IF THE MUNICIPALITY DOES NOT RESPOND  WITHIN  FORTY  DAYS,
 THE  SPONSORING  AGENCY  MAY  ESTABLISH  A COMMUNITY RESIDENCE AT A SITE
 RECOMMENDED IN ITS NOTICE.
   (C) PRIOR TO FORWARDING A RESPONSE TO THE SPONSORING  AGENCY  AND  THE
 COMMISSIONER,  THE  MUNICIPALITY  MAY  HOLD A PUBLIC HEARING PURSUANT TO
 LOCAL LAW.
 S. 4537                             3
 
   (D) IF THE MUNICIPALITY APPROVES THE SITE RECOMMENDED BY THE  SPONSOR-
 ING  AGENCY,  THE SPONSORING AGENCY SHALL SEEK TO ESTABLISH THE FACILITY
 AT THE APPROVED SITE.
   (E)  (I) IF THE SITE OR SITES SUGGESTED BY THE MUNICIPALITY ARE SATIS-
 FACTORY WITH REGARD TO THE NATURE, SIZE AND COMMUNITY  SUPPORT  REQUIRE-
 MENTS OF THE PROGRAM OF THE PROPOSED FACILITY AND THE AREA IN WHICH SUCH
 SITE  OR  SITES ARE LOCATED DOES NOT ALREADY INCLUDE AN EXCESSIVE NUMBER
 OF COMMUNITY RESIDENTIAL FACILITIES FOR VICTIMS OF DOMESTIC VIOLENCE  OR
 SIMILAR  FACILITIES  LICENSED  BY  OTHER  STATE AGENCIES, THE SPONSORING
 AGENCY SHALL SEEK TO ESTABLISH ITS FACILITY AT ONE OF THE  SITES  DESIG-
 NATED BY THE MUNICIPALITY.
   (II) IF THE MUNICIPALITY SUGGESTS A SITE OR SITES WHICH ARE NOT SATIS-
 FACTORY TO THE SPONSORING AGENCY, THE AGENCY SHALL SO NOTIFY THE MUNICI-
 PALITY  WHICH  SHALL HAVE FIFTEEN DAYS TO SUGGEST AN ALTERNATIVE SITE OR
 SITES FOR THE PROPOSED COMMUNITY RESIDENTIAL FACILITY.
   (F) (I) IN THE EVENT THE MUNICIPALITY OBJECTS TO THE ESTABLISHMENT  OF
 A  FACILITY  IN THE MUNICIPALITY BECAUSE TO DO SO WOULD RESULT IN SUCH A
 CONCENTRATION OF COMMUNITY RESIDENTIAL FACILITIES FOR VICTIMS OF  DOMES-
 TIC  VIOLENCE  OR  A COMBINATION OF SUCH FACILITIES AND OTHER FACILITIES
 LICENSED BY OTHER STATE AGENCIES THAT THE NATURE AND CHARACTER OF  AREAS
 WITHIN  THE MUNICIPALITY WOULD BE SUBSTANTIALLY ALTERED; OR THE SPONSOR-
 ING AGENCY OBJECTS TO THE ESTABLISHMENT OF A FACILITY  IN  THE  AREA  OR
 AREAS  SUGGESTED  BY  THE MUNICIPALITY; OR IN THE EVENT THAT THE MUNICI-
 PALITY AND SPONSORING AGENCY CANNOT AGREE UPON A SITE, EITHER THE  SPON-
 SORING  AGENCY  OR  THE  MUNICIPALITY  MAY  REQUEST AN IMMEDIATE HEARING
 BEFORE THE COMMISSIONER TO RESOLVE THE  ISSUE.  THE  COMMISSIONER  SHALL
 PERSONALLY OR BY A HEARING OFFICER CONDUCT SUCH A HEARING WITHIN FIFTEEN
 DAYS OF SUCH A REQUEST.
   (II) IN REVIEWING ANY SUCH OBJECTIONS, THE NEED FOR SUCH FACILITIES IN
 THE MUNICIPALITY SHALL BE CONSIDERED AS SHALL THE EXISTING CONCENTRATION
 OF  SUCH FACILITIES AND OTHER SIMILAR FACILITIES LICENSED BY OTHER STATE
 AGENCIES IN THE MUNICIPALITY OR IN THE AREA IN  PROXIMITY  TO  THE  SITE
 SELECTED  AND ANY OTHER FACILITIES IN THE MUNICIPALITY OR IN THE AREA IN
 PROXIMITY TO THE SITE  SELECTED  PROVIDING  RESIDENTIAL  SERVICES  TO  A
 SIGNIFICANT  NUMBER OF PERSONS WHO ARE VICTIMS OF DOMESTIC VIOLENCE. THE
 COMMISSIONER SHALL SUSTAIN THE OBJECTION IF HE OR  SHE  DETERMINES  THAT
 THE  NATURE  AND  CHARACTER  OF  THE AREA IN WHICH THE FACILITY IS TO BE
 BASED WOULD BE SUBSTANTIALLY ALTERED AS A RESULT OF THE ESTABLISHMENT OF
 THE FACILITY. THE COMMISSIONER SHALL MAKE A DETERMINATION WITHIN  THIRTY
 DAYS OF THE HEARING.
   5.  REVIEW OF A DECISION RENDERED BY THE COMMISSIONER PURSUANT TO THIS
 SECTION MAY BE HAD IN A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT  OF
 THE  CIVIL  PRACTICE  LAW  AND RULES COMMENCED WITHIN THIRTY DAYS OF THE
 DETERMINATION OF THE COMMISSIONER.
   6. (A) A LICENSING AUTHORITY SHALL NOT ISSUE AN OPERATING  CERTIFICATE
 TO  A  SPONSORING  AGENCY  FOR OPERATION OF A FACILITY IF THE SPONSORING
 AGENCY DOES NOT NOTIFY THE MUNICIPALITY OF ITS INTENTION TO ESTABLISH  A
 PROGRAM  AS  REQUIRED BY SUBDIVISION FOUR OF THIS SECTION. ANY OPERATING
 CERTIFICATE ISSUED  WITHOUT  COMPLIANCE  WITH  THE  PROVISIONS  OF  THIS
 SECTION SHALL BE CONSIDERED NULL AND VOID AND CONTINUED OPERATION OF THE
 FACILITY MAY BE ENJOINED.
   (B) THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL NOT ISSUE
 AN OPERATING CERTIFICATE FOR THE OPERATION OF A SUPPORTIVE LIVING FACIL-
 ITY  OR  A SUPERVISED LIVING FACILITY OF MORE THAN FOURTEEN RESIDENTS IF
 THE AGENCY OR UNIT OF GOVERNMENT, VOLUNTARY AGENCY OR ANY  OTHER  PERSON
 OR  ORGANIZATION  WHICH  INTENDS TO ESTABLISH OR OPERATE SUCH A FACILITY
 S. 4537                             4
 
 DOES NOT NOTIFY THE CHIEF EXECUTIVE OFFICER OF THE MUNICIPALITY IN WHICH
 THAT FACILITY IS TO BE ESTABLISHED IN WRITING OF THE INTENTION TO ESTAB-
 LISH SUCH FACILITY AND INCLUDE IN SUCH NOTICE THE  SPECIFIC  ADDRESS  OF
 THE  SITE, THE TYPE OF RESIDENCE, THE NUMBER OF RESIDENTS AND THE COMMU-
 NITY SUPPORT REQUIREMENTS OF THE PROGRAM; PROVIDED, HOWEVER, THAT  NOTH-
 ING  CONTAINED  IN  THIS  PARAGRAPH SHALL EITHER BE CONSTRUED TO REQUIRE
 FACILITIES OF MORE THAN FOURTEEN BEDS TO MEET ANY OTHER REQUIREMENTS  OF
 THIS  SECTION,  OR TO DEEM SUCH FACILITIES FAMILY UNITS FOR THE PURPOSES
 OF LOCAL LAWS AND ORDINANCES.
   7. A COMMUNITY RESIDENCE ESTABLISHED PURSUANT TO THIS SECTION SHALL BE
 DEEMED A FAMILY UNIT, FOR THE PURPOSES OF LOCAL LAWS AND ORDINANCES.
   § 2. 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 effective date.

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