S T A T E   O F   N E W   Y O R K
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                                  9794

                          I N  A S S E M B L Y

                              April 8, 2016
                               ___________

Introduced  by  M.  of  A. GRAF, GIGLIO -- read once and referred to the
  Committee on Alcoholism and Drug Abuse

AN ACT to amend the general business law, the mental hygiene law and the
  social services law, in relation to the improvement and  operation  of
  sober living homes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Declaration of findings and legislative intent. The  legis-
lature hereby finds and declares that there is an urgent need to improve
the  operation of sober living homes. A sober living home is intended to
provide affordable, drug and alcohol free environments for  persons  who
are enrolled in out-patient treatment or recovering from a drug or alco-
hol addiction. The mission of a sober living home is to promote recovery
and  allow  individuals to become self-supporting. In order to meet this
mission, residents must be afforded a safe, sanitary, and  secure  envi-
ronment.
  The  legislature  further  finds  that  far too many sober living home
operators fail to provide the atmosphere necessary for residents.  While
there  certainly  are some well-run sober living homes that truly aim to
assist those in recovery, many of these  homes  are  often  overcrowded,
drug  and  alcohol  infested,  unsanitary, and incompetently managed. In
order to ensure that appropriate living standards are being  maintained,
regulations  pertaining  to  the operation of sober living homes must be
established and enforced.
  The legislature further finds and declares that it is  the  intent  of
the  legislature  to prevent recidivism, injury, and death among persons
seeking housing in a sober living home  by  establishing  and  enforcing
operational standards. By ensuring that appropriate standards are estab-
lished  and  enforced,  communities  which host a sober living home will
also benefit. By authorizing the state to certify establishments meeting
the criteria necessary to provide an  appropriate  environment,  and  by
allowing  localities  to  inspect  the establishment, safe and effective
sober living homes can continue to improve people's lives.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14803-01-6
              

A. 9794                             2

  S 2. The general business law is amended by adding a new  section  210
to read as follows:
  S 210. SOBER LIVING HOMES.  1. A "SOBER LIVING HOME" SHALL MEAN A HOME
THAT  IS  OPERATED, WHETHER FOR PROFIT OR NOT, FOR TRANSITIONAL RECOVERY
PURPOSES OF  INDIVIDUALS  AFFLICTED  WITH  ALCOHOL  OR  SUBSTANCE  ABUSE
DEPENDENCIES. SUCH HOMES SHALL HAVE, AS ITS PRIMARY PURPOSE, THE REINTE-
GRATION  OF  SUCH AFFLICTED PERSONS INTO SOCIETY WITH ACCOMPANYING MONI-
TORING AND SUPPORT, AND SHALL  PROVIDE  A  SAFE,  SUPPORTIVE,  DRUG-FREE
LIVING  ENVIRONMENT.  HOMES  ESTABLISHED  AS  "HALF-WAY HOUSES OR HOMES"
AND/OR "RECOVERY HOUSES OR HOMES" SHALL BE INCLUDED IN THIS DEFINITION.
  2. AN OWNER, OPERATOR, OR LANDLORD, MAY NOT HOLD THEMSELVES OUT TO  BE
OR  ADVERTISE  TO BE A "SOBER LIVING HOME" UNLESS THEY ARE CERTIFIED BY,
AND REMAIN IN GOOD STANDING WITH, THE NEW YORK STATE OFFICE OF  ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES.
  3.  ANY VIOLATION OF THIS SECTION SHALL RESULT IN A FINE IN THE AMOUNT
OF TEN THOUSAND DOLLARS.
  S 3. The mental hygiene law is amended by adding a new article  21  to
read as follows:
                               ARTICLE 21
                   CERTIFICATION OF SOBER LIVING HOMES
SECTION 21.01 AUTHORITY.
        21.03 DEFINITION.
        21.05 CERTIFICATION PROCESS.
        21.07 CERTIFICATION FEE.
        21.09 REVOCATION OF CERTIFICATES.
        21.11 INSPECTIONS.
        21.13 VIOLATIONS.
        21.15 EXCLUSIVITY OF SOBER LIVING HOME TITLE.
        21.17 LISTING OF CERTIFIED SOBER LIVING HOMES.
        21.19 TOLL-FREE HOTLINE.
S 21.01 AUTHORITY.
  THE  LEGISLATURE  HEREBY DECLARES THAT ALCOHOLISM, SUBSTANCE ABUSE AND
CHEMICAL DEPENDENCE POSE MAJOR HEALTH AND SOCIAL PROBLEMS  FOR  INDIVID-
UALS.  IT HAS BEEN PROVEN THAT TRANSITIONAL LIVING ENVIRONMENTS CAN HELP
TO PREVENT RECIDIVISM AFTER AN  INDIVIDUAL  HAS  CEASED  USING  ALCOHOL,
ILLEGAL SUBSTANCES AND CHEMICALS. THE TRAGIC, CUMULATIVE AND OFTEN FATAL
CONSEQUENCES OF RECIDIVISM CAN BE PREVENTED THROUGH THE ESTABLISHMENT OF
QUALITY SOBER LIVING HOMES.
  THE  LEGISLATURE  RECOGNIZES  LOCALLY  IMPLEMENTED TRANSITIONAL LIVING
PROGRAMS AS AN EFFECTIVE AVENUE TO AVERT RECIDIVISM. THE  PRIMARY  GOALS
OF REHABILITATION AND RECOVERY ARE TO RESTORE SOCIAL, FAMILY, LIFESTYLE,
VOCATIONAL,  AND  ECONOMIC SUPPORTS BY STABILIZING AN INDIVIDUAL'S PHYS-
ICAL AND PSYCHOLOGICAL FUNCTIONING. BY ENSURING THAT SOBER LIVING  HOMES
ARE OFFERING THE ENVIRONMENT NECESSARY FOR SUCH SUCCESS, POSITIVE TREAT-
MENT OUTCOMES CAN BE FURTHER ATTAINED.
  THE  STATE  OF NEW YORK AND LOCAL GOVERNMENTS HAVE A RESPONSIBILITY TO
COORDINATE THE DELIVERY OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES,
THROUGH  THE ENTIRE PROCESS OF RECOVERY. TO ACCOMPLISH THESE OBJECTIVES,
THE LEGISLATURE DECLARES THAT THE ESTABLISHMENT OF A PROGRAM FOR CERTIF-
ICATION OF SOBER LIVING HOMES WILL PROVIDE AN  INTEGRATED  FRAMEWORK  TO
FURTHER PLAN, OVERSEE, AND REGULATE THE STATE'S PREVENTION AND TREATMENT
NETWORK. IN RECOGNITION OF THE GROWING TRENDS AND INCIDENCES OF RECIDIV-
ISM, THIS OVERSIGHT ALLOWS THE STATE TO RESPOND TO THE RECOVERY NEEDS OF
INDIVIDUALS  SUFFERING  FROM  ALCOHOLISM,  SUBSTANCE  ABUSE AND CHEMICAL
DEPENDENCY.
S 21.03 DEFINITION.

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  FOR THE PURPOSES OF THIS SECTION, A "SOBER LIVING HOME" SHALL  MEAN  A
HOME  THAT  IS  OPERATED,  WHETHER  FOR  PROFIT OR NOT, FOR TRANSITIONAL
RECOVERY PROPOSES OF INDIVIDUALS AFFLICTED  WITH  ALCOHOL  OR  SUBSTANCE
ABUSE  DEPENDENCIES.  SUCH HOMES SHALL HAVE, AS ITS PRIMARY PURPOSE, THE
REINTEGRATION  OF  SUCH AFFLICTED PERSONS INTO SOCIETY WITH ACCOMPANYING
MONITORING AND SUPPORT, AND SHALL PROVIDE A SAFE, SUPPORTIVE,  DRUG-FREE
LIVING  ENVIRONMENT.  HOMES  ESTABLISHED  AS  "HALF-WAY HOUSES OR HOMES"
AND/OR "RECOVERY HOUSES OR HOMES" SHALL BE INCLUDED IN THIS DEFINITION.
S 21.05 CERTIFICATION PROCESS.
  1. THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE
IMPLEMENTATION OF A PROGRAM FOR CERTIFICATION  OF  SOBER  LIVING  HOMES.
PROVIDED  HOWEVER,  THAT ANY RULES OR REGULATIONS ADOPTED MUST INCLUDE A
PROVISION REQUIRING AN INSPECTION OF  THE  PROPOSED  SOBER  LIVING  HOME
PRIOR TO THE COMPLETION OF THE CERTIFICATION PROCESS.
  2.  IN  ADDITION TO ANY STANDARDS PROMULGATED BY THE OFFICE, OPERATORS
OF SOBER LIVING HOMES SHALL, AT A MINIMUM:
  (A) OPERATE IN ACCORDANCE WITH ALL FEDERAL, STATE, AND LOCAL  BUILDING
CODES  AND  ORDINANCES  TO THE EXTENT PRACTICABLE IN ACCORDANCE WITH THE
FEDERAL FAIR HOUSING ACT.
  (B) BE OPERATED OR MANAGED BY PEOPLE WITH AT LEAST TWO  YEARS  EMPLOY-
MENT  EXPERIENCE  WITH  PEOPLE WITH SUBSTANCE ABUSE DISORDERS. OPERATORS
MAY NOT HAVE ANY PRIOR FELONY CONVICTIONS.
  (C) BE AFFILIATED WITH A TREATMENT PROGRAM APPROVED BY THE  OFFICE  OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES.
  (D)  ESTABLISH  AND ENFORCE A ZERO TOLERANCE POLICY FOR ALCOHOLISM AND
SUBSTANCE ABUSE.
  (E) PROVIDE FURNISHED LIVING  SPACES  IN  ACCORDANCE  WITH  ALL  LOCAL
ZONING AND HOUSING STANDARDS.
  (F)  HAVE AN OASAS CERTIFIED ABUSE COUNSELOR ON STAFF WHO FOLLOWS EACH
INDIVIDUAL'S AFTERCARE PLAN AS WELL AS ASSISTS EACH INDIVIDUAL, AS NEED-
ED, IN FURTHERING THEIR EDUCATION, ACQUIRING JOB TRAINING, AND  SECURING
EMPLOYMENT SO THEY CAN TRANSITION OUT OF THE SOBER LIVING HOME.
  3. SUCH CERTIFICATE SHALL SPECIFY:
  (A) THE NAME OF THE HOLDER OF THE CERTIFICATE.
  (B) THE ADDRESS TO WHICH THE CERTIFICATE APPLIES.
  (C) THE MAXIMUM NUMBER OF PERSONS TO RESIDE IN THE HOME.
  4. SUCH CERTIFICATE SHALL BE PUBLICLY DISPLAYED AT THE HOME.
  5.  CERTIFICATES  ARE  NON-TRANSFERABLE  TO  NEW  OWNERSHIP  OR  OTHER
LOCATIONS.
  6. NOTHING IN THIS SECTION  SHALL  RELIEVE  CERTIFICATE  HOLDERS  FROM
COMPLYING  WITH  OTHER  PROVISIONS  OF THIS ARTICLE, NOR SHALL POWERS OR
DUTIES OF THE OFFICE GRANTED OR IMPOSED BY OTHER SECTIONS OF THIS  ARTI-
CLE  BE  CIRCUMSCRIBED BY THIS SECTION. FURTHER, NOTHING IN THIS SECTION
SHALL RELIEVE CERTIFICATE HOLDERS FROM COMPLYING WITH  OTHER  APPLICABLE
PROVISIONS  OF  COUNTY LAW OR REGULATION WHICH DO NOT VIOLATE THIS ARTI-
CLE.
S 21.07 CERTIFICATION FEE.
  THE OFFICE IS HEREBY AUTHORIZED TO IMPOSE A REASONABLE  FEE  TO  APPLY
FOR  A  CERTIFICATE. THE OFFICE IS ALSO AUTHORIZED TO COLLECT A BIANNUAL
RE-CERTIFICATION FEE OF FIVE HUNDRED DOLLARS FROM APPLICANTS AND HOLDERS
OF SOBER LIVING HOME CERTIFICATES IN  ORDER  TO  IMPLEMENT  THE  CERTIF-
ICATION  PROCESS AND OVERSEE COMPLIANCE THEREWITH. CERTIFICATION MUST BE
RENEWED EVERY TWO YEARS. ONE-HALF OF THE REVENUE GENERATED BY  THIS  FEE
SHALL  BE REMITTED TO THE COUNTY. THE OFFICE SHALL HAVE THE AUTHORITY TO
WAIVE THIS FEE AT ITS DISCRETION.
S 21.09 REVOCATION OF CERTIFICATES.

A. 9794                             4

  1. THE OFFICE SHALL HAVE THE AUTHORITY TO REVOKE A  CERTIFICATE  IF  A
SOBER  LIVING  HOME  CEASES  TO  MEET THE STANDARDS PROVIDED OR WITH THE
PROVISIONS OF ANY OTHER APPLICABLE STATE OR COUNTY  LAW  OR  REGULATION.
THE  HOLDER OF THE CERTIFICATE SHALL BE GIVEN AT LEAST THIRTY DAYS WRIT-
TEN NOTICE AND THE OPPORTUNITY TO BE HEARD PRIOR TO REVOCATION.
  2.  THE COMMISSIONER MAY IMMEDIATELY REVOKE A CERTIFICATE IF THERE ARE
REASONABLE GROUNDS TO BELIEVE THAT THE CONTINUED OPERATION OF THE  SOBER
LIVING HOME PRESENTS AN IMMEDIATE DANGER TO RESIDENTS OF THE HOME OR THE
GENERAL  PUBLIC.  SUCH ACTION MUST BE MADE IN WRITING TO THE CERTIFICATE
HOLDER, AND MAY LAST NO LONGER THAN THIRTY DAYS, DURING WHICH  TIME  THE
COMMISSIONER  SHALL  MAKE A FINAL DETERMINATION AFTER GIVING THE CERTIF-
ICATE HOLDER AN OPPORTUNITY TO BE HEARD.
S 21.11 INSPECTIONS.
  THE OFFICE SHALL, IN COORDINATION WITH THE COUNTY DEPARTMENT OF COMMU-
NITY MENTAL HYGIENE SERVICES, PROMULGATE RULES AND REGULATIONS REGARDING
THE INSPECTION OF CERTIFIED SOBER LIVING HOMES IN ORDER TO  ENSURE  THAT
EACH HOME IS IN COMPLIANCE WITH ALL APPLICABLE RULES AND REGULATIONS.
S 21.13 VIOLATIONS.
  ANY  CERTIFIED  SOBER LIVING HOME THAT IS FOUND BY THE OFFICE TO BE IN
VIOLATION OF ANY PROVISION OF THIS ARTICLE OR ANY OTHER  STATE,  COUNTY,
TOWN,  OR  VILLAGE LAW OR REGULATION MAY BE FINED. A FINE MAY BE IMPOSED
FOR EACH DAY THAT A SOBER LIVING HOME REMAINS IN VIOLATION OF THIS ARTI-
CLE OR ANY OTHER STATE OR COUNTY LAW OR REGULATION. THE DAILY  FINE  MAY
NOT  EXCEED  ONE THOUSAND DOLLARS PER DAY, AND IN NO EVENT MAY THE TOTAL
FINE AMOUNT EXCEED FIVE  THOUSAND  DOLLARS  ANNUALLY  EXCEPT  FOR  FINES
ISSUED  PURSUANT TO SECTION TWO HUNDRED TEN OF THE GENERAL BUSINESS LAW.
SUCH FINE MAY BE IN LIEU OF, OR IN ADDITION TO, CERTIFICATE  REVOCATION.
ONE-HALF OF ANY FINES ASSESSED SHALL BE REMITTED TO THE COUNTY.
S 21.15 EXCLUSIVITY OF SOBER LIVING HOME TITLE.
  NO OWNER, OPERATOR OR LANDLORD MAY HOLD A PROPERTY OUT TO BE OR ADVER-
TISE  A PROPERTY AS A SOBER LIVING HOME UNLESS THE PROPERTY IS CERTIFIED
BY THE OFFICE.
S 21.17 LISTING OF CERTIFIED SOBER LIVING HOMES.
  THE OFFICE SHALL MAINTAIN AN ONLINE LISTING, AVAILABLE TO THE  PUBLIC,
OF ALL CERTIFIED SOBER LIVING HOMES WHICH ARE IN GOOD STANDING.
S 21.19 TOLL-FREE HOTLINE.
  THE  OFFICE  SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE TO RECEIVE AND
RESPOND TO COMPLAINTS REGARDING SOBER LIVING HOMES.
  S 4. Subdivisions (h) and (i) of section 17  of  the  social  services
law,  subdivision  (h)  as  added  and  subdivision (i) as relettered by
section 1 of part K-3 of chapter 57 of the laws of 2007, and subdivision
(i) as amended by chapter 110 of the laws of 1971, are amended  to  read
as follows:
  (h)  make  available  on its website all award allocations for request
for proposals issued by the office of children and family services  upon
release  of  such awards. Such information shall also include all organ-
izations requesting funding and the amounts requested for  each  request
for  proposal.  The  office  of  children  and  family services may also
include any other information related to  each  program  that  it  deems
appropriate[.];
  (i)  ENSURE  THAT  ALL  RECIPIENTS  OF PUBLIC ASSISTANCE WHO RESIDE IN
SOBER LIVING HOMES, AS DEFINED  BY  ARTICLE  TWENTY-ONE  OF  THE  MENTAL
HYGIENE  LAW,  RESIDE  IN  HOUSING ACCOMMODATIONS THAT ARE IN COMPLIANCE
WITH ALL APPLICABLE BUILDING CODES, ORDINANCES AND  REGULATIONS  OF  THE
MUNICIPALITY  IN  WHICH THE HOUSING ACCOMMODATION IS LOCATED. REASONABLE
ACCOMMODATIONS FROM BUILDING CODES, ORDINANCES AND REGULATIONS SHALL  BE

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MADE  PURSUANT TO THE FEDERAL FAIR HOUSING ACT. UPON DISCOVERY THAT SUCH
HOUSING ACCOMMODATION IS NOT IN COMPLIANCE RECIPIENTS SHALL BE HOUSED IN
EMERGENCY HOUSING OR OTHER ALTERNATIVE TEMPORARY HOUSING UNTIL SUCH TIME
AS  THE INITIAL HOUSING ACCOMMODATION IN WHICH SUCH RECIPIENT OR RECIPI-
ENTS RESIDED IS BROUGHT INTO COMPLIANCE  WITH  ALL  APPLICABLE  BUILDING
CODES,  ORDINANCES AND REGULATIONS OF THE COUNTY AND THE MUNICIPALITY IN
WHICH SUCH HOUSING ACCOMMODATION IS LOCATED OR UNTIL A  SUITABLE  PERMA-
NENT HOUSING ACCOMMODATION IS LOCATED, WHICHEVER OCCURS EARLIER; AND
  (J) exercise such other powers and perform such other duties as may be
imposed by law.
  S  5.  Subdivision  2  of section 143-b of the social services law, as
added by chapter 997 of the laws of 1962, is amended to read as follows:
  2. Every public welfare official shall have power to and may  withhold
the  payment  of  any such rent, OR PORTION COMPRISING RENT IN INSTANCES
WHERE THE PUBLIC WELFARE DEPARTMENT MAKES ROOM AND BOARD PAYMENTS  TO  A
SOBER  LIVING  HOME  AS  DEFINED  BY THE MENTAL HYGIENE LAW, in any case
where he has knowledge that there exists or  there  is  outstanding  any
violation  of  law  in  respect  to  the building containing the housing
accommodations occupied by the person entitled to such assistance  which
is  dangerous,  hazardous  or detrimental to life or health. A report of
each such violation shall be made  to  the  appropriate  public  welfare
department  by  the appropriate department or agency having jurisdiction
over violations.
  S 6. Severability. If any clause, sentence, paragraph or part of  this
act  shall  be  adjudged  by  any  court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S  7. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective  date  are  authorized  to be made on or before such effective
date.