Bill Text: NY A07024 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the discharge of residents of a community residence; provides that nothing shall be deemed construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident; defines community residence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to mental health [A07024 Detail]

Download: New_York-2015-A07024-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7024
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 20, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Mental Health
       AN ACT to amend the mental hygiene law and the real property actions and
         proceedings law, in relation to discharge of residents of a  community
         residence
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 41.33 of the mental  hygiene  law,  as  amended  by
    2  chapter 298 of the laws of 1984, is amended to read as follows:
    3  S 41.33 Community residences for the mentally disabled.
    4    The  commissioner shall have the power to operate or cause to be oper-
    5  ated  community  residential  facilities  for  the  mentally   disabled.
    6  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED IN THIS
    7  SECTION  SHALL  BE  CONSTRUED AS CREATING A RELATIONSHIP OF LANDLORD AND
    8  TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESIDENT THER-
    9  EOF. Within amounts available therefor and subject to regulations estab-
   10  lished by him OR HER and notwithstanding any other  provisions  of  this
   11  article,  he  OR  SHE  may provide state aid to local governments and to
   12  voluntary agencies (i) in an amount not  to  exceed  fifty  percent  for
   13  acquisition or construction of such community residences, and (ii) in an
   14  amount  not  to  exceed  fifty  percent for the total operating costs of
   15  community residences except community residences for the  mentally  ill.
   16  Such  state  aid to voluntary agencies shall not be granted unless there
   17  has been prior approval of the proposed community residence by the local
   18  governmental unit.
   19    S 2.  Section 41.41 of the mental hygiene law is amended by  adding  a
   20  new subdivision 3 to read as follows:
   21    3.    NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED
   22  IN THIS SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP  OF  LAND-
   23  LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
   24  DENT THEREOF.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03574-01-5
       A. 7024                             2
    1    S  3.  Section  41.44 of the mental hygiene law is amended by adding a
    2  new subdivision (h) to read as follows:
    3    (H)  NOTWITHSTANDING  ANY CONTRARY PROVISION OF LAW, NOTHING CONTAINED
    4  IN THIS SECTION SHALL BE CONSTRUED AS CREATING A RELATIONSHIP  OF  LAND-
    5  LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
    6  DENT THEREOF.
    7    S  4.  The  real  property  actions  and proceedings law is amended by
    8  adding a new section 713-b to read as follows:
    9    S 713-B.  SPECIAL REQUIREMENTS FOR DISCHARGE OF RESIDENTS FROM  COMMU-
   10  NITY RESIDENCES OR TERMINATION OF RESIDENCY AGREEMENTS.  1. FOR PURPOSES
   11  OF  THIS  SECTION,  A "COMMUNITY RESIDENCE" SHALL MEAN A COMMUNITY RESI-
   12  DENCE AS DEFINED IN SUBDIVISION TWENTY-EIGHT  OF  SECTION  1.03  OF  THE
   13  MENTAL HYGIENE LAW.
   14    2.  NOTWITHSTANDING  ANY CONTRARY PROVISIONS OF LAW, NOTHING CONTAINED
   15  IN THIS ARTICLE SHALL BE CONSTRUED AS CREATING A RELATIONSHIP  OF  LAND-
   16  LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
   17  DENT  THEREOF, AND DISCHARGE OF A RESIDENT FROM A COMMUNITY RESIDENCE OR
   18  TERMINATION OF A RESIDENCY AGREEMENT SHALL BE  IN  ACCORDANCE  WITH  THE
   19  LAWS,  REGULATIONS  AND PROCEDURES OF THE OFFICE OF MENTAL HEALTH OR THE
   20  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AS APPLICABLE.
   21    S 5. This act shall take effect immediately.