What's happening
This bill clarifies that community residence operators and residents are not in a landlord-tenant relationship and establishes specific discharge procedures.
Why it matters
Clarifies legal status. By specifying that community residence operators and residents are not in a landlord-tenant relationship, the bill removes ambiguity about residents' rights and legal processes, impacting how disputes and evictions are handled.
Shifts discharge authority. The bill establishes that discharges or terminations of residency agreements must follow the procedures and regulations set by the Office of Mental Health or the Office for People With Developmental Disabilities, rather than general housing or landlord-tenant law. This centralizes oversight under agencies with relevant expertise.
Impacts resident protections and recourse. Residents of community residences may no longer have access to certain legal protections or eviction processes available to traditional tenants, potentially making their residency more dependent on agency policies than on real property law.
Aims to support specialized care environments. By distinguishing community residences from typical rental housing, the bill acknowledges the unique therapeutic and supportive role these facilities play, potentially allowing for more flexible and clinically driven decision-making about resident discharge.
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Who cares
Headline styles
Clarify Community Residence Discharge
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.333
- 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
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.877
- 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 Rules
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
4894
2019-2020 Regular Sessions
IN SENATE
March 28, 2019
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.
LBD07296-01-9
S. 4894 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 resi- dents 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 (0MH) 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 opera- tor of a community residence for the mentally disabled and a resident.
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 4 of the bill would add a new Section 713-b to the Real Property Actions and Proceedings Law (RPAPL) clarifying that discharges of resi- dents 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
2017-18: S3422 - Passed the Senate/Delivered to Assembly 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
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.