What's happening
This bill clarifies that residents of community residences for the mentally disabled are not considered tenants, and their discharge is governed by mental health regulations, not landlord-tenant law.
Why it matters
Clarifies legal status. By explicitly stating that community residence operators and residents do not have a landlord-tenant relationship, the bill removes ambiguity about the legal rights and responsibilities of both parties—potentially making it easier for operators to manage residences and for residents to understand their rights.
Discharge governed by mental health regulations. Residents facing discharge are protected (and potentially limited) by mental health or developmental disability regulations, not general landlord-tenant eviction laws, meaning their cases are handled by specialized agencies rather than housing courts.
May impact residents’ legal protections. Residents lose access to typical tenant protections under landlord-tenant law—such as notice periods, court hearings, or eviction defenses—so their recourse in disputes shifts to agency procedures rather than the court system.
Could streamline operations for care providers. This change may allow community residence operators to more efficiently handle problematic or unsafe situations without being subject to the lengthy eviction processes designed for standard housing, possibly improving safety and care continuity within residences.
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Who cares
Headline styles
Clarify Community Residence Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1933
- Committee discharged and committed to rules
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to mental health
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.659
- Referred to mental health and developmental disabilities
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.
Clarify Community Residence Discharge
In Assembly Committee · Mental Health · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3422
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
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 Assembly, do enact as follows:
Section 1. Section 41.33 of the mental hygiene law, as amended by chapter 298 of the laws of 1984, is amended to read as follows: § 41.33 Community residences for the mentally disabled.
The commissioner shall have the power to operate or cause to be operated community residential facilities for the mentally disabled. Notwithstanding any contrary provision of law, nothing contained in this section shall be construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident thereof. Within amounts available therefor and subject to regulations established by him or her and notwithstanding any other provisions of this article, he or she may provide state aid to local governments and to voluntary agencies (i) in an amount not to exceed fifty percent for acquisition or construction of such community residences, and (ii) in an amount not to exceed fifty percent for the total operating costs of community residences except community residences for the mentally ill. Such state aid to voluntary agencies shall not be granted unless there has been prior approval of the proposed community residence by the local governmental unit.
§ 2. Section 41.41 of the mental hygiene law is amended by adding a new subdivision 3 to read as follows:
3. Notwithstanding any contrary provision of law, nothing contained in this section shall be construed as creating a relationship of land-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05896-01-7
S. 3422 2
lord and tenant between an operator of a community residence and a resident thereof.
§ 3. Section 41.44 of the mental hygiene law is amended by adding a new subdivision (h) to read as follows:
(h) Notwithstanding any contrary provision of law, nothing contained in this section shall be construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident thereof.
§ 4. The real property actions and proceedings law is amended by adding a new section 713-b to read as follows:
§ 713-b. Special requirements for discharge of residents from community residences or termination of residency agreements. 1. For purposes of this section, a "community residence" shall mean a community residence as defined in subdivision twenty-eight of section 1.03 of the mental hygiene law.
2. Notwithstanding any contrary provisions of law, nothing contained in this article shall be construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident thereof, and discharge of a resident from a community residence or termination of a residency agreement shall be in accordance with the laws, regulations and procedures of the office of mental health or the office for people with developmental disabilities, as applicable.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This bill clarifies that the discharge of a resident from a community residence licensed or operated by the Office of Mental Health (OMH) or the Office of People with Developmental Disabilities (OPWDD) shall be governed by the regulations of those agencies, respectively, and shall not be considered to involve a relationship of landlord and tenant.
Summary of provisions
Section 1 of the bill would amend Mental Hygiene Law (MHL) § 41.33 to clarify that there is no landlord-tenant relationship between the operator of a community residence for the mentally disabled and a resident.
Read the full memo (867 words)
Section 2 of the bill would amend MHL § 41.41 to clarify that there is no landlord-tenant relationship between the operator of a community residence licensed or operated by OPWDD and a resident of such community residence.
Section 3 of the bill would amend MHL § 41.44 to clarify that there is no landlord-tenant relationship between the operator of a community residence licensed or operated by OMH and a resident of such community residence.
Section 3 of the bill would amend MHL § 41.44 to clarify that there is no landlord-tenant relationship between the operator of a community residence licensed or operated by OMH and a resident of such community residence.
Section 4 of the bill would add a new Section 713-b to the Real Property Actions and Proceedings Law (RPAPL) clarifying that discharges of residents from community residences licensed or operated by OPWDD or OMH, or terminations of such residency agreements, shall be made in accordance with procedures established by OMH or OPWDD, as applicable, in their respective governing statutes and implementing regulations.
Section 5 of the bill would provide for an immediate effective date.
Legislative history
2015-16: S.557 - Passed Senate/ Died in Mental Health 2013-14: S.955/A.6045 - Passed Senate/Died in Mental Health 2011-12: S.3078/A.8472 - Passed the Senate/Died in Mental Health 2009-10: S.3486 - Died in Mental Health and Developmental Disabilities 2008: S.4145/A.8927 - Passed the Senate/Died in Mental Health
Statement op support
A "community residence," as such term is defined by MHL § 1.03(28), is any facility operated by or subject to licensure by OMH or OPWDD, which provides a supervised residence or residential respite services for mentally disabled persons. Such residences also provide a homelike environment and room, board and responsible supervision for the habilitation or rehabilitation of mentally disabled persons as part of an overall service delivery system. This proposal would clarify that the relationship of a resident of a community residence and the program operator is a clinical treatment relationship, not that of landlord and tenant. In OMH programs, community residences are considered clinical treatment programs. In OPWDD programs, community residences are part of the overall program of services and supports provided to the person with a disability which is aimed at integrating the person into society as much as possible. Admission to, and discharge from, these programs are grounded in clinical determinations. However, in recognition of the fact that these programs provide room and board for residents of the program, current regulations of OMH and OPWDD provide appropriate due process protections, including notice and an opportunity to be heard, in cases where non-hospitalized residents are discharged prior to being discharge-ready and wish to dispute their discharge. These due process protections do not require eviction proceedings through housing court, because the relationship between a resident and the program is a clinical treatment relationship, nor a landlord-tenant relationship.
Courts have long urged action by the Legislature to clarify the residential rights of persons with mental disabilities who have been admitted to a treatment facility such as a community residence (see Metalsky v. Mercy Haven, 156 Misc.2d 558 (Sup. Ct. Nassau Cty. 1993); Wims v. Abraham Residence III, 184 Misc.2d 271 (N.Y.C. Civ. Ct. 2000)). In isolated cases such as these, courts have sought to apply statutory requirements appropriate to situations involving a landlord-tenant relationship to treatment facility discharges. However, the Court in Wims noted that there would be "far-reaching ramifications on residential rehabilitation programs throughout the State" that would follow from a treatment facility provider's obligation "to commence legal proceedings to recover possession of the premises upon a resident's termination from a program" (id. at 275).
The consequences of applying landlord-tenant requirements to community residence programs could be detrimental to persons with mental illness, mental retardation, or developmental disabilities. If disputed, discharges from community residences would not be made based upon appropriate clinical determinations, but rather by obtaining an order of eviction through the housing court. This could result in inappropriate clinical outcomes harmful to persons with mental disabilities. It also could be very costly to individual providers, and could have a negative impact on the continued availability of these programs for many persons with mental disabilities, particularly those who have higher service needs.
Budget implications
There is no fiscal impact associated with this proposal.
Effective date
This bill would take effect immediately upon enactment. FISCAL IMPLICATIONS : To be determined. EFFECTIVE DATE : 180 days after enactment.
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