S T A T E O F N E W Y O R K
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4814
2021-2022 Regular Sessions
I N A S S E M B L Y
February 8, 2021
___________
Introduced by M. of A. SMITH -- 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.
LBD06884-01-1
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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 390-d
to read as follows:
§ 390-D. 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
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.
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 ADDICTION
SERVICES AND SUPPORTS.
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
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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
ADDICTIONS SERVICES AND SUPPORTS.
(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
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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. Section 17 of the social services law is amended by adding a new
subdivision (h-1) to read as follows:
(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
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
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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.