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- Referred to local government
- Referred to local government
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Relates to zoning provisions for temporary family health care structures
In Assembly Committee · Local Governments · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the town law, the village law and the general city law, in relation to zoning provisions for temporary family health care structures
Purpose
This legislation relates to zoning provisions for temporary health care structures for use by caregivers in providing care for persons who are mentally disabled or physically impaired.
Summary of provisions
This legislation adds a new section to the town law (Section 274-c), the village law (section 7725-c) and the general city law (Section 82) relating to zoning provisions for temporary family health care structures.
Justification
This legislation would provide senior citizens and other physically or mentally impaired individuals needing a caregiver's assistance an alternative to living away from their loved ones within the confines of a nursing home. It expands zoning ordinances to allow a municipality to consider the placement of a transportable residential structure on the property owned by an individual who manages the care and well-being of a mentally disabled or physically impaired person. As proposed in this legislation, a 'temporary family healthcare structure' is defined as a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a person who is certified by a physician as mentally disabled or physically impaired, primarily assembled at a location other than its site of installation, limited to one occupant who shall be the mentally disabled or physically impaired person, can be no more than three hundred square feet and must comply with local zoning and building ordinances. The building must be removed within 30 days after the occupant passes away, moves or not longer needs to receive care in the dwelling.
According to an AARP bulletin published in July 2010, cities in California, Washington and Minnesota have expanded zoning ordinances to allow for these types of temporary health care structures. In fact, legislation has been enacted in the state of Virginia which supersedes local zoning laws which will allow dwellings called "MEDCottage" (invented by Rev. Kenneth Dupin of Salem, VA) to be installed on single-home properties with a doctor's order. These particular structures are equipped with biometric technology that would allow family members and healthcare providers to monitor the condition of an aging or disabled relative. The cottage contains air-filtration systems, video links, devices that allow the remote monitoring of vital signs and sensors that could detect an occupant's fall.
This legislation would eliminate a major obstacle to making temporary family health care structures, like a MEDCottage, a practical and safe option for people who can no longer care for themselves.
Legislative history
2013-14 S.2008/A.1891; 2011-12 5.4865.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.