S T A T E O F N E W Y O R K
________________________________________________________________________
821
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. FORREST, SHIMSKY, BORES -- read once and referred
to the Committee on Social Services
AN ACT to amend the social services law, in relation to persons author-
ized to visit facilities operated by the department of social services
or a social services district and homeless projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 42 of the social services law is amended by adding
a new subdivision 6 to read as follows:
6. "EMERGENCY CONGREGATE HOUSING" SHALL MEAN ANY LOCATION OPERATED BY
A STATE AGENCY, CITY AGENCY, OR LOCAL MUNICIPALITY OR A PROVIDER UNDER
CONTRACT OR SIMILAR AGREEMENT WITH A STATE AGENCY, CITY AGENCY, OR LOCAL
MUNICIPALITY WHERE INDIVIDUALS AND FAMILIES RESIDE FOR MORE THAN NINE-
TY-SIX CONTINUOUS HOURS AND WHERE SUCH INDIVIDUALS AND FAMILIES SLEEP IN
A CONGREGATE SETTING WITH SHARED FACILITIES, INCLUDING BUT NOT LIMITED
TO SLEEPING QUARTERS AND BATHROOMS; PROVIDED, HOWEVER, THAT EMERGENCY
CONGREGATE HOUSING SHALL NOT INCLUDE ANY LOCATION OPERATED BY THE
DEPARTMENT OR A PROVIDER UNDER CONTRACT OR SIMILAR AGREEMENT WITH THE
DEPARTMENT.
§ 2. Subdivision 1 of section 42 of the social services law, as
amended by chapter 458 of the laws of 1986, is amended to read as
follows:
1. "Homeless project" shall mean EMERGENCY CONGREGATE HOUSING OR a
specific facility, including lands, buildings and improvements acquired,
constructed, renovated or rehabilitated and operated by a not-for-profit
corporation, charitable organization, wholly owned subsidiary of a not-
for-profit corporation or of a charitable organization, public corpo-
ration or a municipality to increase the availability of housing for
homeless persons, which may include other non-housing services such as
but not limited to dining, recreational, sanitary, social, medical and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02097-01-5
A. 821 2
mental health services as may be deemed by the commissioner to be essen-
tial to such a project.
§ 3. The social services law is amended by adding a new section 40-a
to read as follows:
§ 40-A. PERSONS AUTHORIZED TO VISIT FACILITIES. NOTWITHSTANDING ANY
RULE, REGULATION, OR LAW TO THE CONTRARY, THE FOLLOWING PERSONS SHALL BE
AUTHORIZED TO VISIT AT PLEASURE ALL FACILITIES OPERATED BY THE DEPART-
MENT OR A SOCIAL SERVICES DISTRICT, INCLUDING ADULT CARE FACILITIES AS
DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THIS CHAPTER AND
HOMELESS PROJECTS AS DEFINED IN SUBDIVISION ONE OF SECTION FORTY-TWO OF
THIS CHAPTER: THE GOVERNOR AND LIEUTENANT-GOVERNOR, COMPTROLLER AND
ATTORNEY-GENERAL, MEMBERS OF THE LEGISLATURE AND THEIR ACCOMPANYING
STAFF AS REQUESTED BY THE MEMBER OF THE LEGISLATURE IF THE MEMBER
REQUESTS TO BE SO ACCOMPANIED, MEMBERS OF THE ELECTED LEGISLATIVE BODY
OF THE COUNTY IN WHICH THE FACILITY IS LOCATED AND THEIR ACCOMPANYING
STAFF AS REQUESTED BY THE MEMBER OF SUCH LEGISLATIVE BODY IF THE MEMBER
REQUESTS TO BE SO ACCOMPANIED, IN CITY COUNCIL AND THEIR ACCOMPANYING
STAFF AS REQUESTED BY THE CITY COUNCIL MEMBER IF THE COUNCIL MEMBER
REQUESTS TO BE SO ACCOMPANIED, JUDGES OF THE COURT OF APPEALS, JUSTICES
OF THE SUPREME COURT AND COUNTY JUDGES, DISTRICT ATTORNEYS AND EVERY
CLERGYMAN OR MINISTER, AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE
RELIGIOUS CORPORATIONS LAW, HAVING CHARGE OF A CONGREGATION IN THE COUN-
TY IN WHICH SUCH FACILITY IS LOCATED.
§ 4. This act shall take effect immediately.