NY State Senate Bill 2025-S6284A

Senate Bill S6284A

2025-2026 Legislative Session

Relates to prohibiting assisted living residences, retirement homes or nursing homes from closing and becoming migrant shelters

download bill text pdf

Current Bill Status - In Senate Committee Aging 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2025	print number 6284a
May 13, 2025	amend (t) and recommit to aging
Mar 07, 2025	referred to aging

Bill Amendments

Original

A (Active)

2025-S6284 - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4653-a, Pub Health L; amd §43, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S9902

2025-S6284 - Summary

Relates to prohibiting assisted living residences, retirement homes or nursing homes from closing in order to become shelters for asylum seekers.

2025-S6284 - Sponsor Memo

                                 
BILL NUMBER: S6284

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the public health law and the social services law, in
relation to prohibiting the establishment or operation of a shelter for
asylum seekers on a property that was formerly operated as an assisted
living residence

 
SUMMARY OF PROVISIONS:

Amends subdivision 2 of section 4653-a of the public health law by
adding a new paragraph (e) to read as follows: No former operator of an
assisted living residence shall be granted authority or approval to
establish and/or operate a facility intending to house asylum seekers
after such operator has notified the appropriate regional office of the
department that the operator in tends to close and/or decertify the
assisted living residence.

Amends Section 43 of the social services law by adding a new subdivision
12 to read as follows: 12.(a)The commissioner shall not enter into any
contract for the establishment and/or operation of a facility intending

to house asylum seekers with a former operator of an assisted living
residence after such operator has notified the appropriate regional
office of the department of health that such operator intends to close
and/or decertify the assisted living residence pursuant to section four
thousand six hundred fifty-three-a of the public health law.

 
JUSTIFICATION:

New York State veterans and older adults have raised a concern that the
assisted living facility where they were residing was sold for the
purpose of becoming a shelter housing asylum seekers, effectively
displacing senior veterans living there. This legislation would prevent
further sales and conversions of assisted living residences into facili-
ties intending to house asylum seekers also known as "migrant shelters".

 
PRIOR LEGISLATIVE HISTORY:

2024; Held in Senate Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6284 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6284
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation  to  prohibiting  the establishment or operation of a shelter
   for asylum seekers on a property that  was  formerly  operated  as  an
   assisted living residence
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Island Shores law".
   §  2.  Subdivision  2  of  section  4653-a of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) (I) NO FORMER OPERATOR OF AN ASSISTED LIVING  RESIDENCE  SHALL  BE
 GRANTED  AUTHORITY  OR  APPROVAL  TO ESTABLISH AND/OR OPERATE A FACILITY
 INTENDING TO HOUSE ASYLUM SEEKERS AFTER SUCH OPERATOR HAS  NOTIFIED  THE
 APPROPRIATE  REGIONAL OFFICE OF THE DEPARTMENT THAT THE OPERATOR INTENDS
 TO CLOSE AND/OR DECERTIFY THE ASSISTED LIVING RESIDENCE.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASYLUM SEEKER" SHALL MEAN AN
 INDIVIDUAL WHO CHANGES THEIR COUNTRY OF USUAL RESIDENCE TO  SEEK  TEMPO-
 RARY  OR PERMANENT RESIDENCE IN ANOTHER COUNTRY, AND WHO HAS APPLIED FOR
 ASYLUM UNDER 8 U.S. CODE § 1158 OR IS ELIGIBLE TO APPLY;  OR  WHO  IS  A
 REFUGEE  AS DEFINED BY SECTION 101(A)(42) OF THE IMMIGRATION AND NATION-
 ALITY ACT (INA).
   § 3. Section 43 of the social services law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  (A)  THE  COMMISSIONER  SHALL NOT ENTER INTO ANY CONTRACT FOR THE
 ESTABLISHMENT AND/OR OPERATION OF A FACILITY INTENDING TO  HOUSE  ASYLUM
 SEEKERS  WITH  A  FORMER  OPERATOR OF AN ASSISTED LIVING RESIDENCE AFTER
 SUCH OPERATOR HAS  NOTIFIED  THE  APPROPRIATE  REGIONAL  OFFICE  OF  THE
 DEPARTMENT OF HEALTH THAT SUCH OPERATOR INTENDS TO CLOSE AND/OR DECERTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05122-01-5
 S. 6284                             2

 
 FY  THE  ASSISTED LIVING RESIDENCE PURSUANT TO SECTION FOUR THOUSAND SIX
 HUNDRED FIFTY-THREE-A OF THE PUBLIC HEALTH LAW.
   (B)  FOR  THE PURPOSES OF THIS SUBDIVISION, "ASYLUM SEEKER" SHALL MEAN
 AN INDIVIDUAL WHO CHANGES THEIR  COUNTRY  OF  USUAL  RESIDENCE  TO  SEEK
 TEMPORARY OR PERMANENT RESIDENCE IN ANOTHER COUNTRY, AND WHO HAS APPLIED
 FOR ASYLUM UNDER 8 U.S. CODE § 1158 OR IS ELIGIBLE TO APPLY; OR WHO IS A
 REFUGEE  AS DEFINED BY SECTION 101(A)(42) OF THE IMMIGRATION AND NATION-
 ALITY ACT (INA).
   § 4. This act shall take effect immediately.

2025-S6284A (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Public Health Law
Laws Affected:: Amd §4653-a, Pub Health L; amd §43, Soc Serv L
Versions Introduced in 2023-2024 Legislative Session:: S9902

2025-S6284A (ACTIVE) - Summary

Relates to prohibiting assisted living residences, retirement homes or nursing homes from closing in order to become shelters for asylum seekers.

2025-S6284A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6284A

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the public health law and the social services law, in
relation to prohibiting the establishment or operation of a shelter for
asylum seekers on a property that operates as an assisted living resi-
dence, retirement home or nursing home

 
SUMMARY OF PROVISIONS:

Amends subdivision 2 of section 4653-a of the public health law by
adding a new paragraph (e) to read as follows: No former operator of an
assisted living residence shall be granted authority or approval to
establish and/or operate a facility intending to house asylum seekers
after such operator has notified the appropriate regional office of the
department that the operator in tends to close and/or decertify the
assisted living residence, retirement and nursing home residence.

Amends Section 43 of the social services law by adding a new subdivision
12 to read as follows: 12.(a)The commissioner shall not enter into any
contract for the establishment and/or operation of a facility intending

to house asylum seekers with a former operator of an assisted living
residence after such operator has notified the appropriate regional
office of the department of health that such operator intends to close
and/or decertify the assisted living residence pursuant to section four
thousand six hundred fifty-three-a of the public health law.

 
JUSTIFICATION:

New York State veterans and older adults have raised a concern that the
assisted living, retirement home and nursing home facilities where they
were residing were sold for the purpose of becoming a shelter housing
asylum seeker, effectively displacing senior veterans living there. This
legislation would prevent further sales and conversions of assisted
living residences into facilities intending to house asylum seekers also
known as "migrant shelters".

 
PRIOR LEGISLATIVE HISTORY:

2024; Held in Senate Committee.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S6284A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6284--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Aging --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public health law and the social  services  law,  in
   relation  to  prohibiting  the establishment or operation of a shelter
   for asylum seekers on a property that operates as an  assisted  living
   residence, retirement home or nursing home
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Frank Tammaro Island Shores law".
   §  2.  Subdivision  2  of  section  4653-a of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) (I) NO OPERATOR OF AN ASSISTED LIVING RESIDENCE,  RETIREMENT  HOME
 OR  NURSING  HOME  SHALL  BE  GRANTED AUTHORITY OR APPROVAL TO ESTABLISH
 AND/OR OPERATE A FACILITY INTENDING TO HOUSE ASYLUM SEEKERS  AFTER  SUCH
 OPERATOR  HAS NOTIFIED THE APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT
 THAT THE OPERATOR INTENDS TO CLOSE AND/OR DECERTIFY THE ASSISTED  LIVING
 RESIDENCE, RETIREMENT HOME OR NURSING HOME.
   (II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASYLUM SEEKER" SHALL MEAN AN
 INDIVIDUAL  WHO  CHANGES THEIR COUNTRY OF USUAL RESIDENCE TO SEEK TEMPO-
 RARY OR PERMANENT RESIDENCE IN ANOTHER COUNTRY, AND WHO HAS APPLIED  FOR
 ASYLUM  UNDER  8  U.S.  CODE § 1158 OR IS ELIGIBLE TO APPLY; OR WHO IS A
 REFUGEE AS DEFINED BY SECTION 101(A)(42) OF THE IMMIGRATION AND  NATION-
 ALITY ACT (INA).
   §  3. Section 43 of the social services law is amended by adding a new
 subdivision 12 to read as follows:
   12. (A) THE COMMISSIONER SHALL NOT ENTER INTO  ANY  CONTRACT  FOR  THE
 ESTABLISHMENT  AND/OR  OPERATION OF A FACILITY INTENDING TO HOUSE ASYLUM
 SEEKERS WITH AN OPERATOR OF AN  ASSISTED  LIVING  RESIDENCE,  RETIREMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05122-02-5

 S. 6284--A                          2
 
 HOME  OR  NURSING  HOME AFTER SUCH OPERATOR HAS NOTIFIED THE APPROPRIATE
 REGIONAL OFFICE OF THE DEPARTMENT OF HEALTH THAT THE OPERATOR INTENDS TO
 CLOSE AND/OR DECERTIFY THE ASSISTED LIVING RESIDENCE, RETIREMENT HOME OR
 NURSING  HOME PURSUANT TO SECTION FORTY-SIX HUNDRED FIFTY-THREE-A OF THE
 PUBLIC HEALTH LAW.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION, "ASYLUM SEEKER"  SHALL  MEAN
 AN  INDIVIDUAL  WHO  CHANGES  THEIR  COUNTRY  OF USUAL RESIDENCE TO SEEK
 TEMPORARY OR PERMANENT RESIDENCE IN ANOTHER COUNTRY, AND WHO HAS APPLIED
 FOR ASYLUM UNDER 8 U.S. CODE § 1158 OR IS ELIGIBLE TO APPLY; OR WHO IS A
 REFUGEE AS DEFINED BY SECTION 101(A)(42) OF THE IMMIGRATION AND  NATION-
 ALITY ACT (INA).
   § 4. This act shall take effect immediately.

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