Assembly Bill A10781

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10781
 
                           I N  A S S E M B L Y
 
                               April 1, 2026
                                ___________
 
 Introduced  by M. of A. STECK, K. BROWN -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the judiciary law, the mental hygiene  law,  the  public
   health  law,  the county law, the general city law, the education law,
   the penal law, the railroad law, the social services law, the emergen-
   cy housing rent control law, the emergency tenant  protection  act  of
   nineteen seventy-four and the general construction law, in relation to
   replacing  certain  appearances  of  the  words  addict,  addicts, and
   addiction with the words person with a substance use disorder,  person
   with  a  mental  health  disorder,  person with co-occurring disorder,
   person in recovery, or variation thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
 law,  as  amended by chapter 511 of the laws of 2025, is amended to read
 as follows:
   a. When a court orders a hearing in a proceeding upon a writ of habeas
 corpus to inquire into the cause of detention of a person in custody  in
 a  state  institution, or when it orders a hearing in a civil proceeding
 to commit or transfer a person to or retain a person in a state institu-
 tion when such person is alleged to be [mentally ill, mentally defective
 or] a person with substance use disorder, A PERSON WITH A MENTAL  HEALTH
 DISORDER,  A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY,
 or when it orders a hearing for the commitment of the  guardianship  and
 custody  of  a  child  to  an  authorized agency by reason of the mental
 illness or developmental disability of a parent, or  when  it  orders  a
 hearing to determine whether consent to the adoption of a child shall be
 required  of  a  parent  who  is  alleged to be mentally ill or develop-
 mentally disabled, or when it orders a hearing  to  determine  the  best
 interests  of  a child when the parent of the child revokes a consent to
 the adoption of such child and such revocation  is  opposed  or  in  any
 adoption or custody proceeding if it determines that assignment of coun-
 sel  in  such  cases is mandated by the constitution of this state or of
 the United States, the court may assign counsel to represent such person
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09004-02-6
 A. 10781                            2
 
 if it is satisfied that such person  is  financially  unable  to  obtain
 counsel. Upon an appeal taken from an order entered in any such proceed-
 ing,  the  appellate  court  may assign counsel to represent such person
 upon  the  appeal  if  it  is  satisfied that such person is financially
 unable to obtain counsel.
   § 2. Subdivision 4 of section 35 of the judiciary law, as  amended  by
 chapter 511 of the laws of 2025, is amended to read as follows:
   4.  In  any  proceeding described in paragraph a of subdivision one of
 this section, when a person is alleged to  be  [mentally  ill,  mentally
 defective  or]  a  person  with  substance use disorder, A PERSON WITH A
 MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON
 IN RECOVERY, the court which ordered the hearing  may  appoint  no  more
 than two psychiatrists, certified psychologists or physicians to examine
 and testify at the hearing upon the condition of such person. A psychia-
 trist,  psychologist or physician so appointed shall, upon completion of
 their services, receive reimbursement for expenses  reasonably  incurred
 and reasonable compensation for such services, to be fixed by the court.
 Such  compensation  shall not exceed three thousand dollars, except that
 in extraordinary circumstances the court may provide for compensation in
 excess of the foregoing limits.
   § 3. Paragraph (i) of subdivision (b) of section 32.05 of  the  mental
 hygiene  law,  as amended by chapter 511 of the laws of 2025, is amended
 to read as follows:
   (i) Methadone, or such other controlled substance  designated  by  the
 commissioner  of health as appropriate for such use, may be administered
 to a person with substance use disorder, A PERSON WITH A  MENTAL  HEALTH
 DISORDER,  A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY,
 as defined in section thirty-three hundred two of the public health law,
 by individual physicians, groups of physicians  and  public  or  private
 medical  facilities  certified pursuant to article twenty-eight or thir-
 ty-three of the public health law  as  part  of  a  chemical  dependence
 program  which  has  been issued an operating certificate by the commis-
 sioner pursuant to subdivision (b) of section  32.09  of  this  article,
 provided,  however,  that such administration must be done in accordance
 with all applicable federal and state laws and  regulations.  Individual
 physicians  or groups of physicians who have obtained authorization from
 the federal  government  to  administer  buprenorphine  to  people  with
 substance use disorder, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON
 WITH  CO-OCCURRING  DISORDER,  OR A PERSON IN RECOVERY may do so without
 obtaining an operating certificate from the commissioner.
   § 4. Paragraph 5 of subdivision (b) of section  32.09  of  the  mental
 hygiene  law,  as amended by chapter 511 of the laws of 2025, is amended
 to read as follows:
   5. the applicant will establish procedures to effectively implement  a
 detoxification  program  to  further  relieve  people with substance use
 disorder, PEOPLE WITH A MENTAL HEALTH DISORDER, PEOPLE WITH CO-OCCURRING
 DISORDER, OR PEOPLE IN RECOVERY from dependence upon methadone  or  such
 other  controlled substances prescribed for treatment in subject mainte-
 nance programs.
   § 5. Subdivision 1 of section  3302  of  the  public  health  law,  as
 amended  by  chapter  511  of  the  laws  of 2025, is amended to read as
 follows:
   1. "Person with substance use disorder, PERSON WITH  A  MENTAL  HEALTH
 DISORDER,  PERSON  WITH  CO-OCCURRING  DISORDER,  OR PERSON IN RECOVERY"
 means a person who habitually uses a controlled substance for a non-leg-
 A. 10781                            3
 
 itimate or unlawful use, and who by reason  of  such  use  is  dependent
 thereon.
   §  6.  Subdivision  1  of  section  3331  of the public health law, as
 amended by chapter 511 of the laws  of  2025,  is  amended  to  read  as
 follows:
   1. Except as provided in titles III or V of this article, no substance
 in  schedules  II,  III,  IV, or V may be prescribed for or dispensed or
 administered to a person with substance use disorder, A  PERSON  WITH  A
 MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON
 IN RECOVERY or habitual user.
   §  7.  The title heading of title V of article 33 of the public health
 law, as amended by chapter 511 of the laws of 2025, is amended  to  read
 as follows:
 
 DISPENSING TO PERSONS WITH SUBSTANCE USE DISORDER, PERSONS WITH A MENTAL
 HEALTH DISORDER, PERSONS WITH CO-OCCURRING DISORDER, PERSONS IN RECOVERY
 AND HABITUAL USERS
 
   §  8. Section 3350 of the public health law, as amended by chapter 511
 of the laws of 2025, is amended to read as follows:
   § 3350. Dispensing  prohibition.  Controlled  substances  may  not  be
 prescribed  for,  or administered or dispensed to persons with substance
 use disorder, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OC-
 CURRING DISORDER, OR PERSONS IN RECOVERY or habitual users of controlled
 substances, except as provided by this title or title III OF THIS  ARTI-
 CLE.
   §  9.  Section 3351 of the public health law, as separately amended by
 chapters 511 and 546 of the laws of 2025 and subdivision 3 as separately
 amended by chapter 511 of the laws of 2025 and chapter 42 of the laws of
 2026, is amended to read as follows:
   § 3351. Dispensing for medical use. 1. Controlled  substances  may  be
 prescribed  for, or administered or dispensed to a person with substance
 use disorder, A PERSON WITH A MENTAL  HEALTH  DISORDER,  A  PERSON  WITH
 CO-OCCURRING DISORDER, A PERSON IN RECOVERY, or habitual user:
   (a) during emergency medical treatment unrelated to [abuse] THE USE of
 controlled substances;
   (b)  who  is a bona fide patient suffering from an incurable and fatal
 disease such as cancer or advanced tuberculosis; OR
   (c) who is aged, infirm, or suffering from serious injury  or  illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   2.  Controlled  substances  may  be  ordered  for use by a person with
 substance use disorder, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON
 WITH CO-OCCURRING DISORDER, A PERSON IN RECOVERY, or habitual user by  a
 practitioner  and  administered by a practitioner or registered nurse to
 relieve acute withdrawal symptoms.
   3. A practitioner may prescribe, administer, and dispense any schedule
 III, IV, or V narcotic drug approved by the federal food and drug admin-
 istration specifically for use in maintenance or  detoxification  treat-
 ment  to  a  person  with substance use disorder, A PERSON WITH A MENTAL
 HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, A PERSON IN RECOV-
 ERY, or habitual user.
   4. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate  for such use, may be ordered for use of a
 person with substance use disorder, A PERSON WITH A MENTAL HEALTH DISOR-
 DER, A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY  by  a
 A. 10781                            4
 
 practitioner  and  dispensed or administered by a practitioner or a such
 practitioner's designated agent as interim treatment for a  person  with
 substance use disorder, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON
 WITH  CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY, while arrangements
 are  being  made  for  referral  to  treatment  for  such  addiction  to
 controlled substances.
   5.  Methadone,  or  such  other controlled substance designated by the
 commissioner as appropriate for such  use,  may  be  administered  to  a
 person with substance use disorder, A PERSON WITH A MENTAL HEALTH DISOR-
 DER,  A  PERSON WITH CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY by a
 practitioner or by a such practitioner's designated agent  acting  under
 the  direction  and  supervision of a practitioner, as part of a regimen
 designed and intended to withdraw a patient from addiction to controlled
 substances.
   6. Notwithstanding any other law and consistent with federal  require-
 ments,  methadone,  or such other controlled substance designated by the
 commissioner as  appropriate  for  such  use,  may  be  administered  or
 dispensed  directly  to  a  person with substance use disorder, A PERSON
 WITH A MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON IN RECOVERY by a practitioner or by a such practitioner's  desig-
 nated  agent acting under the direction and supervision of a practition-
 er, as part of a substance use or chemical dependence  program  approved
 pursuant to article thirty-two of the mental hygiene law.
   §  10.  Subdivisions  2  and  3 of section 396-h of the county law, as
 amended by chapter 511 of the laws of  2025,  are  amended  to  read  as
 follows:
   2.  To  establish  in-patient and out-patient treatment facilities for
 persons with substance use  disorders,  PERSONS  WITH  A  MENTAL  HEALTH
 DISORDER,  PERSONS  WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY.
 Such facilities shall include, but shall not be limited to:
   a. detoxification centers and clinics for the out-patient treatment of
 persons with substance use  disorders,  PERSONS  WITH  A  MENTAL  HEALTH
 DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY;
   b.  a  treatment  center  where  persons with substance use disorders,
 PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCURRING  DISOR-
 DER,  AND  PERSONS  IN  RECOVERY may obtain professional counseling from
 physicians,  psychologists,  psychiatrists  and  where  possible,  other
 persons  with  substance  use  disorders,  PERSONS  WITH A MENTAL HEALTH
 DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY;
   c. half-way houses to provide continuing treatment  for  persons  with
 substance  use disorders, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS
 WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY.
   3. To create a referral program whereby  persons  with  substance  use
 disorders, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCUR-
 RING  DISORDER,  AND  PERSONS  IN  RECOVERY  and  persons  and  agencies
 concerned with their treatment  will  make  use  of  the  aforementioned
 treatment facilities;
   §  11.  Subdivisions 2, 3, 6 and 10 of section 121 of the general city
 law, subdivisions 2 and 3 as amended by chapter 511 of the laws of  2025
 and  subdivisions  6 and 10 as added by chapter 820 of the laws of 1971,
 are amended to read as follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  with  substance  use  disorders,  PERSONS  WITH A MENTAL HEALTH
 DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND PERSONS  IN  RECOVERY.
 Such facilities shall include, but shall not be limited to:
 A. 10781                            5
 
   a. detoxification centers and clinics for the out-patient treatment of
 persons  with  substance  use  disorders,  PERSONS  WITH A MENTAL HEALTH
 DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY;
   b.  a  treatment  center  where  persons with substance use disorders,
 PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCURRING  DISOR-
 DER,  AND  PERSONS  IN  RECOVERY may obtain professional counseling from
 physicians,  psychologists,  psychiatrists  and  where  possible,  other
 persons  with  substance  use  disorders,  PERSONS  WITH A MENTAL HEALTH
 DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY;
   c. half-way houses to provide continuing treatment  for  persons  with
 substance  use disorders, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS
 WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY.
   3. To create a referral program whereby  persons  with  substance  use
 disorders, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCUR-
 RING  DISORDER,  AND  PERSONS  IN  RECOVERY  and  persons  and  agencies
 concerned with their treatment  will  make  use  of  the  aforementioned
 treatment facilities;
   6. To encourage and foster, if possible, the use of [former drug abus-
 ers and persons formerly addicted to drugs] PERSONS WITH A SUBSTANCE USE
 DISORDER,  PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCUR-
 RING DISORDER, AND PERSONS IN RECOVERY WHO ARE NO LONGER USING DRUGS  as
 staff personnel;
   10.  To  utilize  [former  drug abusers and ex-addicts] PERSONS WITH A
 SUBSTANCE USE DISORDER, PERSONS WITH A MENTAL HEALTH  DISORDER,  PERSONS
 WITH  CO-OCCURRING  DISORDER,  AND PERSONS IN RECOVERY WHO ARE NO LONGER
 USING DRUGS in educational counseling and make periodic  evaluations  of
 their effectiveness;
   § 12. Section 3028-a of the education law, as amended by chapter 19 of
 the laws of 1987, is amended to read as follows:
   § 3028-a. Students under twenty-one years of age suspected of [alcohol
 abuse  or  narcotic  addiction]  BEING  A  PERSON WITH A SUBSTANCE   USE
 DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON  WITH  CO-OC-
 CURRING  DISORDER, OR A PERSON IN RECOVERY. Any teacher, school adminis-
 trator, school guidance  counselor,  school  psychologist,  school  drug
 counselor, school nurse, supervisor of attendance, attendance teacher or
 attendance  officer  having reasonable cause to suspect that a secondary
 or elementary student under twenty-one years of age is a  [substance  or
 alcohol  abuser  or  substance  dependent] PERSON WITH A SUBSTANCE   USE
 DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON  WITH  CO-OC-
 CURRING  DISORDER,  OR A PERSON IN RECOVERY, who report such information
 to the appropriate secondary or elementary school officials pursuant  to
 the  school's  drug  policy  or  if the school has no drug policy to the
 school's principal or the parents or legal  guardians  of  such  student
 under twenty-one years of age shall have immunity from any civil liabil-
 ity  that  might  otherwise  be  incurred  or imposed as a result of the
 making of such a report.
   § 13. The fifth undesignated paragraph of section 19.01 of the  mental
 hygiene  law, as added by chapter 223 of the laws of 1992, is amended to
 read as follows:
   Substantial benefits can be gained through  [alcoholism]  ALCOHOL  USE
 and  substance  [abuse]  USE  treatment  for both [addicted individuals]
 PERSONS WITH A SUBSTANCE USE DISORDER,  PERSONS  WITH  A  MENTAL  HEALTH
 DISORDER,  PERSONS  WITH  CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY
 and their families. Positive treatment outcomes that  may  be  generated
 through  a complete continuum of care offer a cost effective and compre-
 hensive approach to rehabilitating such individuals. The  primary  goals
 A. 10781                            6
 
 of  the rehabilitation and recovery process are to restore social, fami-
 ly, lifestyle, vocational and economic supports by stabilizing an  indi-
 vidual's physical and psychological functioning.  The legislature recog-
 nizes  the importance of varying treatment approaches and levels of care
 designed to meet each client's needs.  Relapse prevention and  aftercare
 are  two primary components of treatment that serve to promote and main-
 tain recovery.
   § 14. Paragraph (c) of subdivision 1 of section  2897  of  the  public
 health law, as amended by chapter 550 of the laws of 1978, is amended to
 read as follows:
   (c) [he] SUCH ADMINISTRATOR is or has been [an alcohol abuser or is or
 has  been  addicted]  A PERSON WITH A SUBSTANCE  USE  DISORDER, A PERSON
 WITH A MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON IN RECOVERY RELATED to the use  of  morphine,  cocaine  or  other
 drugs having similar effect[, or has become mentally ill];
   §  15.  Paragraph  (h)  of subdivision 1 of section 3450 of the public
 health law, as amended by chapter 534 of the laws of 1983, is amended to
 read as follows:
   (h) is [addicted] A PERSON WITH A SUBSTANCE  USE   DISORDER, A  PERSON
 WITH A MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON  IN  RECOVERY  RELATED  to the use of morphine, opium, cocaine or
 other drugs having a similar effect;
   § 16. Paragraph (e) of subdivision 1 of section 400.00  of  the  penal
 law,  as separately amended by chapters 371 and 669 of the laws of 2022,
 is amended to read as follows:
   (e) who is not an unlawful user of  or  [addicted]  A  PERSON  WITH  A
 SUBSTANCE    USE    DISORDER,  A PERSON WITH A MENTAL HEALTH DISORDER, A
 PERSON WITH CO-OCCURRING DISORDER, OR A PERSON IN  RECOVERY  RELATED  to
 any controlled substance as defined in section 21 U.S.C. 802;
   § 17. Section 63 of the railroad law is amended to read as follows:
   § 63. Persons employed as drivers, conductors, [motormen] ENGINEERS or
 [gripmen]  GRIP  OPERATORS.    Any  railroad  corporation may employ any
 inhabitant of the state, of the age of twenty-one years, [not  addicted]
 WHO  IS  NOT  A  PERSON  WITH  A SUBSTANCE USE DISORDER, A PERSON WITH A
 MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON
 IN RECOVERY RELATED to the use of intoxicating liquors, as a car driver,
 conductor, [motorman] ENGINEER or [gripman] GRIP  OPERATOR,  or  in  any
 other  capacity, if fit and competent therefor. All applicants for posi-
 tions as [motormen] ENGINEERS or [gripmen] GRIP OPERATORS on any  street
 surface railroad in this state shall be subjected to a thorough examina-
 tion  by  the  officers  of the corporation as to their habits, physical
 ability and intelligence.  If  this  examination  is  satisfactory,  the
 applicant shall be placed in the shop or power house where [he] THEY can
 be  made familiar with the power and machinery [he is] THEY ARE about to
 control. [He] THEY shall then be placed on a car with an instructor, and
 when the latter is satisfied as to the applicant's  capability  for  the
 position  of  [motorman]  ENGINEER or [gripman] GRIP OPERATOR, [he] THEY
 shall so certify to the officers of the company, and, if appointed,  the
 applicant  shall first serve on the lines of least travel. Any violation
 of the provisions of this section shall be a misdemeanor.
   § 18. Paragraph (c) of subdivision 1 of  section  303  of  the  social
 services  law, as amended by chapter 198 of the laws of 1975, is amended
 to read as follows:
   (c) Replacement of lost or mismanaged cash by a person who  by  reason
 of advanced age, illness, infirmity, mental weakness, physical handicap,
 intemperance,  [addiction to drugs] BEING A PERSON WITH A SUBSTANCE  USE
 A. 10781                            7
 
 DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON  WITH  CO-OC-
 CURRING  DISORDER, OR A PERSON IN RECOVERY, or other cause, has suffered
 substantial impairment of [his] THEIR ability to care  for  [his]  THEIR
 property;
   §  19.  Paragraph  (a) of subdivision 2 of section 5 of chapter 274 of
 the laws of 1946, constituting the emergency housing rent  control  law,
 as amended by section 16 of part Q of chapter 39 of the laws of 2019, is
 amended to read as follows:
   (a)  the landlord seeks in good faith to recover possession of a hous-
 ing accommodation because of immediate and compelling necessity for [his
 or her] THEIR own personal use and  occupancy  as  [his  or  her]  THEIR
 primary  residence  or  for  the use and occupancy of [his or her] THEIR
 immediate family as their primary  residence;  provided,  however,  this
 subdivision  shall permit recovery of only one housing accommodation and
 shall not apply where a member of the household lawfully  occupying  the
 housing  accommodation  is  sixty-two  years of age or older, has been a
 tenant in a housing accommodation in that building for fifteen years  or
 more,  or has an impairment which results from anatomical, physiological
 or psychological conditions, other than [addiction] BEING A PERSON  WITH
 SUBSTANCE USE DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON
 WITH  CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY RELATED to alcohol,
 gambling,  or  any  controlled  substance,  which  are  demonstrable  by
 medically  acceptable clinical and laboratory diagnostic techniques, and
 which are expected to be permanent and which  prevent  the  tenant  from
 engaging  in any substantial gainful employment; provided, however, that
 a tenant required to surrender a housing accommodation under this  para-
 graph  shall  have a cause of action in any court of competent jurisdic-
 tion for damages, declaratory, and injunctive relief against a  landlord
 or  purchaser of the premises who makes a fraudulent statement regarding
 a proposed use of the housing accommodation. In any action or proceeding
 brought pursuant to this paragraph a prevailing tenant shall be entitled
 to recovery of actual damages, and reasonable attorneys' fees; or
   § 20. Subdivision a of section 10 of section 4 of chapter 576  of  the
 laws  of 1974, constituting the emergency tenant protection act of nine-
 teen seventy-four, as amended by section 15 of part Q of chapter  39  of
 the laws of 2019, is amended to read as follows:
   a.  For  cities having a population of less than one million and towns
 and villages, the state division of housing and community renewal  shall
 be  empowered  to  implement  this  act by appropriate regulations. Such
 regulations may encompass such speculative or manipulative practices  or
 renting or leasing practices as the state division of housing and commu-
 nity  renewal determines constitute or are likely to cause circumvention
 of this act. Such regulations shall prohibit practices which are  likely
 to prevent any person from asserting any right or remedy granted by this
 act,  including  but  not limited to retaliatory termination of periodic
 tenancies and shall require owners to grant a new one or two year vacan-
 cy or renewal lease at the option of the tenant, except where a mortgage
 or mortgage commitment existing as of the local effective date  of  this
 act  provides that the owner shall not grant a one-year lease; and shall
 prescribe standards with respect to the terms and conditions of new  and
 renewal  leases,  additional  rent  and such related matters as security
 deposits, advance rental payments, the use of escalator clauses in leas-
 es and provision for increase in rentals for garages and other ancillary
 facilities, so as to ensure that the level of rent  adjustments  author-
 ized  under  this  law  will  not be subverted and made ineffective. Any
 provision of the regulations permitting an owner to refuse  to  renew  a
 A. 10781                            8
 
 lease on grounds that the owner seeks to recover possession of a housing
 accommodation  for  [his  or her] THEIR own use and occupancy or for the
 use and occupancy of [his or her] THEIR immediate  family  shall  permit
 recovery  of only one housing accommodation, shall require that an owner
 demonstrate immediate and compelling need and that the housing  accommo-
 dation  will  be the proposed occupants' primary residence and shall not
 apply where a member of the housing accommodation is sixty-two years  of
 age  or  older,  has  been  a  tenant in a housing accommodation in that
 building for fifteen years or more, or has an impairment  which  results
 from  anatomical,  physiological or psychological conditions, other than
 [addiction] BEING A PERSON WITH A SUBSTANCE USE DISORDER, A PERSON  WITH
 A  MENTAL  HEALTH  DISORDER,  A  PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON IN RECOVERY RELATED  to  alcohol,  gambling,  or  any  controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which prevent the tenant from engaging in  any  substantial  gainful
 employment;  provided,  however,  that  a tenant required to surrender a
 housing accommodation under this  subdivision  shall  have  a  cause  of
 action  in any court of competent jurisdiction for damages, declaratory,
 and injunctive relief against a landlord or purchaser  of  the  premises
 who makes a fraudulent statement regarding a proposed use of the housing
 accommodation.  In  any  action  or  proceeding brought pursuant to this
 subdivision a prevailing tenant shall be entitled to recovery of  actual
 damages, and reasonable attorneys' fees.
   §  21. Section 28 of the general construction law, as added by chapter
 351 of the laws of 2021, is amended to read as follows:
   § 28. Mental disability,  mental  illness,  developmental  disability,
 addictive  disorder and addiction disorder. The terms mental disability,
 mental  illness,  developmental  disability,  addictive   disorder   and
 addiction  disorder  shall  have  the  same  meaning as they are defined
 pursuant to section 1.03 of the mental hygiene law.  HEREAFTER,  IN  ANY
 LAW,  RULE,  REGULATION,  ORDINANCE  OR  RESOLUTION, PERSON-FIRST TERMS,
 INCLUDING BUT NOT LIMITED TO "A PERSON WITH A SUBSTANCE  USE  DISORDER",
 "A  PERSON  WITH  A MENTAL HEALTH DISORDER", "A PERSON WITH CO-OCCURRING
 DISORDER", OR "A PERSON IN RECOVERY",  SHALL  BE  USED  IN  SUBSTITUTION
 THEREFOR AND WITH THE SAME FORCE AND EFFECT.
   § 22. This act shall take effect immediately.