S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5225
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 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 ASSEM-
 BLY, 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 oper-
 ated  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 THER-
 EOF. Within amounts available therefor and subject to regulations estab-
 lished 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-
 LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
 DENT THEREOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09317-01-1

 S. 5225                             2
 
   §  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  LAND-
 LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
 DENT 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  COMMU-
 NITY RESIDENCES OR TERMINATION OF RESIDENCY AGREEMENTS.  1. FOR PURPOSES
 OF  THIS  SECTION,  A "COMMUNITY RESIDENCE" SHALL MEAN A COMMUNITY RESI-
 DENCE 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  LAND-
 LORD AND TENANT BETWEEN AN OPERATOR OF A COMMUNITY RESIDENCE AND A RESI-
 DENT  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.