Senate Bill S5028A

2023-2024 Legislative Session

Relates to the creation of an innovative supportive housing program for persons with a developmental disability who wish and are able to safely live independently; creates an exemption from certain filings

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Sponsored By

Current Bill Status - In Senate Committee Disabilities Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S5028 - Details

Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §16.38, Ment Hyg L; amd §352-g, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S8521

2023-S5028 - Summary

Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely live independently; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

2023-S5028 - Sponsor Memo

2023-S5028 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5028
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the mental hygiene law, in relation to the  creation  of
   an  innovative  housing  initiative  for  persons with a developmental
   disability who wish and are able to safely reside in such  a  setting;
   to  direct  the division of housing and community renewal to establish
   guidelines for the dissemination of disclosure materials for the offer
   and sale of interests in residential  environments  formed  under  the
   innovative  housing initiative; and to amend the general business law,
   in relation to creating an exemption from certain filing  requirements
   for  residential environments that are formed as cooperative interests
   in realty for persons receiving services under the innovative  housing
   initiative
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative purpose and findings.  The  legislature  hereby
 finds and declares as follows:
   (a)  New  York  state  is currently facing a severe housing crisis for
 people with developmental disabilities. Staffing shortages for certified
 housing, commonly referred to as group homes, has put  additional  pres-
 sure  on the state to provide alternative and innovative housing models,
 especially for those persons who are able to live more independently and
 wish to do so.
   (b) Many persons with developmental disabilities live with a parent or
 parents, a family member, or other  similar  direct  support  personnel.
 However, many such persons wish to live more independently, and would do
 so if an option existed that included certain appropriate supports.
   (c)  Further,  although  family  caregiving  is  appropriate  in  many
 instances, parents and similar direct support personnel  may  eventually
 become  unable to continue supporting the person who has a developmental

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05184-03-3
 S. 5028                             2
              

co-Sponsors

2023-S5028A (ACTIVE) - Details

Current Committee:
Senate Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §16.38, Ment Hyg L; amd §352-g, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S8521

2023-S5028A (ACTIVE) - Summary

Relates to the creation of an innovative housing initiative for persons with a developmental disability who wish and are able to safely live independently; directs the division of housing and community renewal to establish guidelines for the dissemination of disclosure materials for the offer and sale of interests in residential environments formed under the innovative housing initiative; creates an exemption from certain filing requirements for residential environments that are formed as cooperative interests in realty for persons receiving services under the innovative housing initiative.

2023-S5028A (ACTIVE) - Sponsor Memo

2023-S5028A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5028--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced by Sens. MANNION, ADDABBO, ASHBY, CLEARE, GALLIVAN, GONZALEZ,
   HOYLMAN-SIGAL,  KENNEDY,  MAY,  PALUMBO,  SALAZAR,  SCARCELLA-SPANTON,
   WEBB, WEBER -- read twice and ordered printed, and when printed to  be
   committed  to  the  Committee on Disabilities -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to amend the mental hygiene law, in relation to the creation of
   an innovative housing initiative  for  persons  with  a  developmental
   disability  who  wish  and  are  able to safely live independently; to
   direct the division of housing  and  community  renewal  to  establish
   guidelines for the dissemination of disclosure materials for the offer
   and  sale  of  interests  in residential environments formed under the
   innovative housing initiative; and to amend the general business  law,
   in  relation to creating an exemption from certain filing requirements
   for residential environments that are formed as cooperative  interests
   in  realty for persons receiving services under the innovative housing
   initiative
 
   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
 16.38 to read as follows:
 § 16.38 INNOVATIVE HOUSING INITIATIVE.
   (A) THE OFFICE SHALL ASSIST A PERSON WITH A  DEVELOPMENTAL  DISABILITY
 TO LIVE INDEPENDENTLY, WHERE APPROPRIATE, IN A NON-CERTIFIED RESIDENTIAL
 ENVIRONMENT,  WITH SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO STAFF-
 ING SUPPORT, SHARED  STAFFING  SUPPORT,  AND  OPPORTUNITIES  FOR  SOCIAL
 ENGAGEMENT AND RECREATION, WHEN DETERMINED BY THE OFFICE TO BE AN APPRO-
 PRIATE NON-CERTIFIED RESIDENTIAL ENVIRONMENT FOR SUCH PERSON.
   (B)  SUCH RESIDENTIAL ENVIRONMENT MAY BE COMPRISED OF A SINGLE HOUSING
 UNIT OR MULTIPLE UNITS OF HOUSING, IN ONE OR MORE  BUILDINGS,  INCLUDING
 BUT  NOT  LIMITED TO: (I) LEASED RESIDENTIAL HOUSING UNITS; (II) HOUSING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05184-07-3
              

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