What's happening
This bill creates a task force to study, develop guidelines, and make recommendations regarding recovery living residences for people recovering from chemical dependency in New York.
Why it matters
Establishes a formal definition and oversight framework for "recovery living residences". these are alcohol- and drug-free homes for people recovering from chemical dependency that do not provide formal treatment on-site, an area currently lacking standardized guidelines or statewide data.
Directs the task force to address a wide range of critical issues. including best practices for resident safety, privacy, financial participation, admission and discharge procedures, relapse response, legal protections, access to medication-assisted treatment, and the unique needs of women and women with children, which could lead to more consistent and supportive recovery environments.
Examines the impact on local communities and regulatory feasibility. by studying health, safety, and neighborhood effects of recovery residences, and considering whether these homes should be licensed, regulated, registered, or certified, the task force could shape future policy and regulation that balances resident needs with community concerns.
Requires public transparency and legislative recommendations. the task force must report its findings, evidence, and draft legislative proposals within a year, ensuring that any recommendations for changes in law or policy are based on collected evidence and open to public scrutiny, potentially influencing statewide standards and funding priorities.
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Headline styles
Create Recovery Housing Task Force
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to alcoholism and drug abuse
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.66
- Print number 4496a
- Amend and recommit to alcoholism and substance abuse
- Referred to alcoholism and substance abuse
- Returned to senate
- Died in assembly
- Referred to alcoholism and drug abuse
Show 6 earlier actions
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.391
- Referred to alcoholism and substance 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.
Create Recovery Living Task Force
In Assembly Committee · Alcoholism And Drug Abuse · Sponsor Fred Thiele
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4496--A
2019-2020 Regular Sessions
IN SENATE
March 13, 2019
Introduced by Sens. MARTINEZ, MAYER, GAUGHRAN, KAPLAN, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse -- recommitted to the Committee on Alcoholism and Drug Abuse in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to the creation of a recovery living task force
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 19.04 to read as follows: § 19.04 Recovery living task force.
1. Definitions. As used in this section:
"Recovery living residence" shall mean any residence located in New York state where the owner or operator of such residence holds the residence out to the public as an alcohol and drug free living environment for persons recovering from a chemical dependency, where no formal treatment services are provided on-site.
2. The recovery living task force is hereby created, which pursuant to the provisions of this section, shall establish best practice guidelines for recovery living residences that illustrate the most appropriate and effective environment for persons recovering from a chemical dependency.
3. The task force shall study and utilize reliable evidence and information collected from organizations and programs both in New York state and throughout the country to:
(a) Document the number of recovery residences operating in the state;
(b) Issue recommendations and guidelines establishing best practices for recovery living residences in order to provide an alcohol and drug free recovery living environment, with a focus on least restrictive means of benefiting the person in recovery. In developing guidelines,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10577-04-0
S. 4496--A 2
the task force shall consider the role of local and state government in oversight and other areas; siting challenges; geographic variations in what housing currently exists and in barriers to creating new suitable housing; optimal standards for living space, privacy and nutrition; personal financial participation by tenants; work requirements, including adequacy of compensation; reimbursement opportunities; discharge planning, the participant's legal protections against removal from the residence; what information must be provided to the participant at admission, including due process rights of the participant for removal from the residence; appropriate responses to relapse with the goal of protecting both the person who has relapsed and other residents of the residence; how to ensure access to medication assisted treatment; the needs of women, and of women with children; the use of drug testing; and options and requirements for formal or self-help treatment services;
(c) Study and issue findings regarding health and safety concerns related to the occupancy and operation of recovery living residences for the person in recovery;
(d) Study and issue findings regarding the impacts of occupancy and operation of recovery living residences on neighborhoods and surrounding areas;
(e) Issue recommendations on the feasibility of licensing, regulating, registering or certifying recovery living residences in New York state; and
(f) Issue recommendations for any other program or policy initiative that the task force deems relevant.
4. (a) The members of the task force shall include ten members consisting of the commissioner or his or her designee; the commissioner of the office of mental health or his or her designee; the commissioner of the office of temporary and disability assistance or his or her designee; the commissioner of the office of homes and community renewal or his or her designee; two members appointed by the temporary president of the senate, at least one of whom shall be a current or former resident of a recovery living residence; two members appointed by the speaker of the assembly, at least one of whom shall be a current or former resident of a recovery living residence; and two members appointed by the governor. The task force shall include at least one operator of a recovery living residence with at least five years of experience in the field who must demonstrate, to the extent practicable, that the residences they operate have had minimal code violations within the preceding three years. Appointments must ensure geographic representation, to the extent practicable. The commissioner shall be designated the chairperson of such task force and shall select a vice-chairperson and a secretary from the designees appointed by the legislature or the governor;
(b) The members of the task force shall receive no compensation for their services but shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties;
(c) No civil action shall be brought in any court against any member of the recovery living task force for any act or omission necessary to the discharge of his or her duties as a member of the task force, except as provided herein. Such member may be liable for damages in any such action if he or she failed to act in good faith and exercise reasonable care. Any information obtained by a member of the task force while carrying out his or her duties as prescribed in subdivision three of this section shall only be utilized in their capacity as a member of the task force.
S. 4496--A 3
5. No later than one year after the effective date of this section, the task force shall provide a report containing the results of the study, including evidence used as a basis in making such report, and its recommendations, if any, together with drafts of legislation necessary to carry out its recommendations by filing said report, documentation, and draft legislation, with the governor, the temporary president of the senate, the minority leader of the senate, the speaker of the assembly, and the minority leader of the assembly. The task force shall also make the report, documentation, and draft legislation public by posting a copy on the website maintained by the office.
§ 2. 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, in relation to the creation of a recovery living task force
Summary of provisions
Section one adds a new section, 19.04, to the mental hygiene law, estab- lishing the recovery living task force. The task force will be charged with establishing best practice guidelines for recovery living resi- dences that illustrate the most appropriate and effective environment for persons recovering from a chemical dependency giving consideration to external influences that affect treatment such as state and local policy, financial limitations, and access to care. The task force must be made up of ten members, two of whom are current or former residents of a recovery living residence and one who is an experienced recovery living residence operator with demonstrable positive outcomes. The task force must report to the legislature no later than one year after the effective date of this act with recommendations for the best legislative action.
Section two provides the effective date.
Justification
Stable and safe alcohol and drug free housing promotes long term recov- ery 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 appropri- ate housing for these individuals.
New York is currently restricted in our ability to regulating the recov- ery homes that are operating in our state. The federal Fair Housing Amendment Act prohibits the state from regulating the housing of indi- viduals 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 bene- fits the person in recovery. Federal courts have continually struck down any attempt to regulate recovery 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 recommenda- tions, 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 recovery housing is in the best interest of those in recovery, the state will have the evidence it needs to with- stand a federal Fair Housing Act claim.
Legislative history
2019/20 54496 (Martinez)/A6718 (Thiele) 2017/18 5902 (Croci)/A6210 (Thiele) 2015/16 S3989A (Croci)/A7933 (Thiele)
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.