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Senator · Senate District 3
History
- Referred to alcoholism and drug abuse
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.636
- Referred to alcoholism and drug abuse
- Returned to senate
- Died in assembly
- Referred to alcoholism and drug abuse
- Delivered to assembly
- Passed senateVote 62–0
Show 5 earlier actions
- Advanced to third reading
- Amended 3989a
- 2nd report cal.
- 1st report cal.584
- Referred to alcoholism and drug abuse
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Creates a sober living task force
In Assembly Committee · Alcoholism And Drug Abuse · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3989A
Title of bill
An act to amend the mental hygiene law, in relation to the creation of a sober living task force
Purpose
The purpose of this bill is to identify and promote alcohol and drug free living environments statewide for persons in recovery from a chemical dependency
Summary of provisions
Section one adds a new section, 19.04, to the mental hygiene law, thereby establishing the sober living task force. The task force will be charged with establishing best practice guidelines for sober living residences that illustrate the most appropriate and effective environment for persons recovering from a chemical dependency. The task force must report to the legislature no later than one year after the effective date of this act.
Justification
Stable and safe alcohol and drug free housing promotes long term recovery for individuals suffering from a chemical dependency. Inappropriate housing or a lack of housing has the potential to be a serious obstacle to an individuals' goal towards long term recovery. Often, individual's seeking help are discharged from an in-patient treatment facility after a short stay, and are left with no suitable place to go. Unfortunately, in New York state, and across the country, there is a lack of appropriate housing for these individuals.
New York is currently restricted in our ability to regulating the sober homes that are operating in our state. The federal Fair Housing Amendment Act prohibits the state from regulating the housing of individuals in recovery, unless the state can prove, using reliable studies and evidence, that: (1) regulation of such housing serves a legitimate governmental interest, (2) the regulations are the least restrictive way to advance that legitimate interest, and that (3) the regulation benefits the person in recovery. Federal courts have continually struck down any attempt to regulate sober housing, citing the need for the above burdens to be met.
By establishing a task force of highly qualified individuals to study this issue, collect evidence, and submit a report containing recommendations, the legislature will be better equipped to determine the most appropriate way to support individuals in recovery with regard to their housing needs. Further, if the task force determines that regulation, certification, or licensure of sober housing is in the best interest of those in recovery, the state will have the evidence it needs to withstand a federal Fair Housing Act claim.
Legislative history
New bill
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.