S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8649
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to alcohol and  drug
   free housing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 22.13 to read as follows:
 § 22.13 ALCOHOL AND DRUG FREE HOUSING.
   (A)  AS  USED  IN  THIS  SECTION,  THE  FOLLOWING WORDS SHALL HAVE THE
 FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
   1. "ALCOHOL AND DRUG FREE HOUSING", A RESIDENCE, COMMONLY KNOWN  AS  A
 SOBER  HOME,  WHICH  PROVIDES OR ADVERTISES AS PROVIDING, AN ALCOHOL AND
 DRUG FREE ENVIRONMENT FOR PEOPLE RECOVERING FROM  SUBSTANCE  USE  DISOR-
 DERS;  PROVIDED,  HOWEVER, THAT, ALCOHOL AND DRUG FREE HOUSING SHALL NOT
 INCLUDE A HALFWAY HOUSE, TREATMENT UNIT OR DETOXIFICATION FACILITY REGU-
 LATED UNDER ARTICLE THIRTY-TWO OF THIS CHAPTER  OR  ANY  OTHER  FACILITY
 LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT-A OF THE PUBLIC HEALTH LAW.
   2.  "CERTIFIED  ALCOHOL  AND DRUG FREE HOUSING", ALCOHOL AND DRUG FREE
 HOUSING THAT HAS BEEN ACCREDITED BY THE BUREAU PURSUANT TO THIS SECTION.
   3. "OPERATOR", THE LAWFUL OWNER OF ALCOHOL AND DRUG FREE HOUSING OR  A
 PERSON EMPLOYED AND DESIGNATED BY THE OWNER TO HAVE PRIMARY RESPONSIBIL-
 ITY  FOR  THE DAILY OPERATION OF SUCH HOUSING AND FOR MAINTAINING STAND-
 ARDS AND CONDITIONS IN SUCH HOUSING THAT CREATE AN ENVIRONMENT  SUPPORT-
 IVE OF SUBSTANCE USE DISORDER RECOVERY.
   (B)  THE  COMMISSIONER  SHALL  ESTABLISH  AND PROVIDE FOR THE ADMINIS-
 TRATION OF A VOLUNTARY TRAINING AND ACCREDITATION PROGRAM FOR  OPERATORS
 OF ALCOHOL AND DRUG FREE HOUSING SEEKING CERTIFICATION UNDER SUBDIVISION
 (D) OF THIS SECTION.
   (C)  THE  ACCREDITATION  PROGRAM  ESTABLISHED PURSUANT TO THIS SECTION
 SHALL MAINTAIN STANDARDS AND PRACTICES WHICH:
   1. UPHOLD INDUSTRY BEST PRACTICES AND  SUPPORT  A  SAFE,  HEALTHY  AND
 EFFECTIVE RECOVERY ENVIRONMENT;
   2.  EVALUATE  THE  ABILITY  TO  ASSIST  PERSONS IN ACHIEVING LONG-TERM
 RECOVERY GOALS;
   3. PROVIDE FOR APPROPRIATE TRAINING FOR THE OPERATORS  AND  STAFF  AND
              

 ENSURE SATISFACTORY COMPLETION OF SUCH TRAINING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14939-01-8

 S. 8649                             2
 
   4.  PROTECT  OCCUPANTS OF ALCOHOL AND DRUG FREE HOUSING AGAINST UNREA-
 SONABLE AND UNFAIR PRACTICES IN SETTING AND  COLLECTING  RENT  PAYMENTS;
 AND
   5.  VERIFY  GOOD STANDING WITH REGARD TO LOCAL, STATE AND FEDERAL LAWS
 AND ANY REGULATIONS AND ORDINANCES INCLUDING, BUT NOT LIMITED TO, BUILD-
 ING, MAXIMUM OCCUPANCY, FIRE SAFETY AND SANITATION CODES.
   (D) THE OFFICE SHALL INCLUDE A RESIDENCE ON A LIST OF CERTIFIED  ALCO-
 HOL  AND  DRUG  FREE  HOUSING  AS  DESCRIBED  IN SUBDIVISION (F) OF THIS
 SECTION UPON RECEIPT AND REVIEW OF:
   1. THE COMPLETION OF TRAINING AS DESCRIBED IN SUBDIVISION (C) OF  THIS
 SECTION;
   2.  A  DEED, TRUST DOCUMENT, ARTICLES OF INCORPORATION, LEASE OR OTHER
 DOCUMENT ACCEPTABLE TO THE DIRECTOR EVIDENCING THAT  THE  INDIVIDUAL  OR
 ENTITY SEEKING CERTIFICATION IS THE LAWFUL OWNER OR LESSEE OF THE PARCEL
 WHERE THE HOUSING SHALL BE LOCATED; AND
   3.  APPROPRIATE  DOCUMENTATION  INDICATING  THAT THERE ARE NO TAXES OR
 OTHER ASSESSMENTS WHICH CONSTITUTE LIENS ON THE PARCEL  OF  REAL  ESTATE
 UPON WHICH THE HOUSING SHALL BE LOCATED.
   (E) THE COMMISSIONER SHALL PERIODICALLY EVALUATE THE QUALITY OF TRAIN-
 ING  BEING PROVIDED TO OPERATORS SEEKING CERTIFICATION AND THE INTEGRITY
 AND EFFICACY OF THE ACCREDITATION PROGRAM.
   (F) THE COMMISSIONER SHALL PREPARE, PUBLISH AND DISSEMINATE A LIST  OF
 ALCOHOL  AND  DRUG  FREE  HOUSING  CERTIFIED  PURSUANT  TO THIS SECTION;
 PROVIDED, HOWEVER, THAT SUCH LIST SHALL BE UPDATED BIMONTHLY.  THE  LIST
 SHALL  BE  DISSEMINATED  TO EACH STATE AGENCY OR VENDOR WITH A STATEWIDE
 CONTRACT THAT PROVIDES SUBSTANCE USE DISORDER  TREATMENT  SERVICES.  THE
 COMMISSIONER SHALL INFORM ALL LOCAL PROBATION DEPARTMENTS AND ALL COURTS
 WITHIN  THE STATE WHO MAY ISSUE A SENTENCE OF PROBATION ON HOW TO ACCESS
 THE LIST. SUCH LIST SHALL ALSO BE POSTED ON THE WEBSITE FOR THE OFFICE.
   (G) THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER  OF  THE
 DEPARTMENT  OF  HEALTH, SHALL PROMULGATE RULES AND REGULATIONS TO IMPLE-
 MENT THIS SECTION THAT SHALL INCLUDE A PROCESS FOR RECEIVING  COMPLAINTS
 AGAINST  CERTIFIED  ALCOHOL  AND DRUG FREE HOUSING AND CRITERIA BY WHICH
 THE COMMISSIONER MAY EXCLUDE A RESIDENCE FROM THE  LIST  PREPARED  UNDER
 SUBDIVISION  (F)  OF  THIS  SECTION  IF  THE  FREQUENCY  AND SEVERITY OF
 COMPLAINTS RECEIVED SUPPORTS A DETERMINATION THAT THE ALCOHOL  AND  DRUG
 FREE HOUSING IN QUESTION DOES NOT MAINTAIN STANDARDS OR PROVIDE AN ENVI-
 RONMENT THAT APPROPRIATELY SUPPORTS THE RECOVERY GOALS OF ITS RESIDENTS.
   (H)  A  STATE  AGENCY  OR  VENDOR  WITH  A STATEWIDE CONTRACT WHICH IS
 PROVIDING TREATMENT OR SERVICES TO A PERSON, OR A STATE AGENCY OR  OFFI-
 CER SETTING TERMS AND CONDITIONS FOR THE RELEASE, PAROLE OR DISCHARGE OF
 A PERSON FROM CUSTODY OR TREATMENT, SHALL NOT REFER SUCH PERSON TO ALCO-
 HOL  AND DRUG FREE HOUSING AND SHALL NOT OTHERWISE INCLUDE IN SUCH TERMS
 AND CONDITIONS A REFERRAL TO ALCOHOL AND DRUG FREE HOUSING  UNLESS  SUCH
 ALCOHOL  AND  DRUG  FREE  HOUSING IS CERTIFIED PURSUANT TO THIS SECTION.
 NOTHING IN THIS  SECTION  SHALL  PROHIBIT  A  RESIDENCE  WHICH  HAS  NOT
 RECEIVED CERTIFICATION FROM OPERATING OR ADVERTISING AS ALCOHOL AND DRUG
 FREE  HOUSING  OR  FROM  OFFERING  RESIDENCE  TO PERSONS RECOVERING FROM
 SUBSTANCE USE DISORDERS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of this act on its effective date are authorized and directed to
 be made and completed on or before such effective date.