S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6369
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2017
                                ___________
 
 Introduced by M. of A. GRAF, GIGLIO, PALMESANO -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08588-01-7

 A. 6369                             2
 
 allowing localities to inspect the  establishment,  safe  and  effective
 sober living homes can continue to improve people's lives.
   §  2.  The general business law is amended by adding a new section 210
 to read as follows:
   § 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.
   §  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.
 § 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

 A. 6369                             3
 
 INDIVIDUALS SUFFERING FROM  ALCOHOLISM,  SUBSTANCE  ABUSE  AND  CHEMICAL
 DEPENDENCY.
 § 21.03 DEFINITION.
   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.
 § 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.
 § 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

 A. 6369                             4
 
 SHALL  BE REMITTED TO THE COUNTY. THE OFFICE SHALL HAVE THE AUTHORITY TO
 WAIVE THIS FEE AT ITS DISCRETION.
 § 21.09 REVOCATION OF CERTIFICATES.
   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.
 § 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.
 § 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.
 § 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.
 § 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.
 § 21.19 TOLL-FREE HOTLINE.
   THE  OFFICE  SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE TO RECEIVE AND
 RESPOND TO COMPLAINTS REGARDING SOBER LIVING HOMES.
   § 4. Subdivision (h) of section 17 of  the  social  services  law,  as
 added  by  section  1  of part K-3 of chapter 57 of the laws of 2007, is
 amended and a new subdivision (h-1) is added 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[.];
   (H-1) 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

 A. 6369                             5
 
 ACCOMMODATIONS  FROM BUILDING CODES, ORDINANCES AND REGULATIONS SHALL BE
 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;
   §  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.
   § 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.
   §  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.