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 relevant mental health regulations, not landlord-tenant law.
Why it matters
Clarifies Legal Status. By explicitly stating there is no landlord-tenant relationship, the bill removes ambiguity about the legal status of individuals living in community residences, which can affect their rights and the responsibilities of the operators.
Shifts Discharge Procedures. Discharge or termination of residency for mentally disabled residents in these facilities will follow mental health or developmental disability regulations, rather than standard eviction processes—potentially resulting in different timelines, protections, or procedures.
Limits Tenant Protections. Residents of these community residences may not have access to traditional tenant protections under New York landlord-tenant law, which can impact their ability to contest a discharge or seek remedies typical for tenants.
Streamlines Facility Operations. By separating these residents from the standard landlord-tenant framework, the bill may make it easier for operators to manage occupancy and enforce rules according to healthcare-driven protocols rather than housing law, possibly impacting facility stability and resident advocacy.
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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
- Referred to mental health
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 Senate Committee · Rules · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2999
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
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 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 landlord and tenant between an operator of a community residence and a resident thereof.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07296-01-9
A. 2999 2
§ 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.