Establishes a community housing wait list

1 Co-sponsor

• Rich Funke

Title of bill

An act to amend the mental hygiene law, in relation to establishing a community housing wait list

Purpose

This legislation would require the office of mental health to track and report the number of individuals with mental illnesses that are in need or housing services but have yet to receive them.

Summary of provisions

Section 1 amends section 7.15 of the mental hygiene law to add three new subdivisions requiring the creation of a community housing wait list. Every sixty days housing providers, referring agencies, and a county's community based agency must provide OMH the name of each person who is referred to. applied for, or meets the criteria for housing services operated, licensed, or funded by OMH.

OMH is required to issue a report on the community housing wait list, breaking down by county, the number of adults referred to set vices, the number of adult who have applied for services, the number of adults admitted to services, the number of adults denied admission, the number of adults who withdrew applications, and the number of adult on the statewide list for each category of residential services. The report must also include any actions taken by the office to reduce the length of the wait list. The office would be required to send the governor and legislature the report by January 1, 2018 and quarterly thereafter.

Justification

There is a great need for the establishment of a waiting list that would truly reflect the need for housing and related services for people in New York with mental illness, and also to match those people up with appropriate housing in the most integrated setting. This bill would help to bring the state in line with the already-existing obligations under the Federal Americans with Disabilities Act, the Supreme Court's decision in Olmstead v L.C., and New York State Executive Law Sections 701703 The bill would also help determine the number of available housing units compared to the number of individuals with mental illnesses still waiting for housing. This wait list will allow the state and the legislature to get an accurate picture of the services that are available for individuals and where there may be a gap in services.

Several changes were made to the bill to address concerns from veto messages of similar legislation including clarifying that individuals have a documented mental illness and meet eligibility criteria for OMH funded housing before being included on a wait list.

Legislative history

New bill Similar to legislation S.184/A.4579-A passed the Assembly. S.6819 - veto 46 - 2008: S.568 - veto 103 of 2007: S.3653 - veto 323 of 2006. S5228A. Vetoed. 11.21.14

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment, and/or repeal of any rule or regulation necessary for rite implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.