S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5764
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend the judiciary law, the mental hygiene law, the public
   health law, the county law, the general city law, the  education  law,
   the penal law, the railroad law, the social services law, the emergen-
   cy  housing  rent  control law, the emergency tenant protection act of
   nineteen seventy-four and the general construction law, in relation to
   replacing certain  appearances  of  the  words  addict,  addicts,  and
   addiction  with the words person with a substance use disorder, person
   with a mental health  disorder,  person  with  co-occurring  disorder,
   person in recovery, or variation thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
 law, as amended by chapter 479 of the laws of 2022, is amended  to  read
 as follows:
   a. When a court orders a hearing in a proceeding upon a writ of habeas
 corpus  to inquire into the cause of detention of a person in custody in
 a state institution, or when it orders a hearing in a  civil  proceeding
 to commit or transfer a person to or retain [him] SUCH PERSON in a state
 institution  when  such  person is alleged to be [mentally ill, mentally
 defective or a narcotic addict]  A PERSON WITH A SUBSTANCE USE DISORDER,
 A PERSON WITH A MENTAL  HEALTH  DISORDER,  A  PERSON  WITH  CO-OCCURRING
 DISORDER,  OR  A PERSON IN RECOVERY, or when it orders a hearing for the
 commitment of the guardianship and custody of a child to  an  authorized
 agency  by reason of the mental illness or developmental disability of a
 parent, or when it orders a hearing to determine whether consent to  the
 adoption  of  a child shall be required of a parent who is alleged to be
 mentally ill or developmentally disabled, or when it orders a hearing to
 determine the best interests of a child when the  parent  of  the  child
 revokes  a  consent to the adoption of such child and such revocation is
 opposed or in any adoption or custody proceeding if it  determines  that
 assignment  of  counsel in such cases is mandated by the constitution of
 this state or of the United States, the  court  may  assign  counsel  to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09004-01-5
 A. 5764                             2
 
 represent such person if it is satisfied that [he] SUCH PERSON is finan-
 cially  unable  to  obtain  counsel.  Upon an appeal taken from an order
 entered in any such proceeding, the appellate court may  assign  counsel
 to  represent  such  person upon the appeal if it is satisfied that [he]
 SUCH PERSON is financially unable to obtain counsel.
   § 2. Subdivision 4 of section 35 of the judiciary law, as  amended  by
 section  3  of  part GG of chapter 56 of the laws of 2023, is amended to
 read as follows:
   4. In any proceeding described in paragraph a of  subdivision  one  of
 this  section,  when  a  person is alleged to be [mentally ill, mentally
 defective or a narcotic addict] A PERSON WITH A SUBSTANCE USE  DISORDER,
 A  PERSON  WITH  A  MENTAL  HEALTH  DISORDER, A PERSON WITH CO-OCCURRING
 DISORDER, OR A PERSON IN RECOVERY, the court which ordered  the  hearing
 may  appoint  no more than two psychiatrists, certified psychologists or
 physicians to examine and testify at the hearing upon the  condition  of
 such  person.  A  psychiatrist,  psychologist  or physician so appointed
 shall, upon completion of  their  services,  receive  reimbursement  for
 expenses  reasonably  incurred  and  reasonable  compensation  for  such
 services, to be fixed by the court. Such compensation shall  not  exceed
 three  thousand  dollars, except that in extraordinary circumstances the
 court may provide for compensation in excess of the foregoing limits.
   § 3. Paragraph (i) of subdivision (b) of section 32.05 of  the  mental
 hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (i)  Methadone,  or  such other controlled substance designated by the
 commissioner of health as appropriate for such use, may be  administered
 to  [an  addict] A PERSON WITH A SUBSTANCE USE DISORDER, A PERSON WITH A
 MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON
 IN RECOVERY, as defined in  section  thirty-three  hundred  two  of  the
 public  health  law,  by individual physicians, groups of physicians and
 public or private medical facilities certified pursuant to article twen-
 ty-eight or thirty-three of the public health law as part of a  chemical
 dependence program which has been issued an operating certificate by the
 commissioner  pursuant to subdivision (b) of section 32.09 of this arti-
 cle, provided, however, that such administration must be done in accord-
 ance with all applicable federal and state laws and  regulations.  Indi-
 vidual   physicians   or   groups   of   physicians  who  have  obtained
 authorization from the federal government to administer buprenorphine to
 [addicts] PEOPLE WITH A SUBSTANCE USE DISORDER,  PEOPLE  WITH  A  MENTAL
 HEALTH  DISORDER, PEOPLE WITH CO-OCCURRING DISORDER, OR PEOPLE IN RECOV-
 ERY may do so  without  obtaining  an  operating  certificate  from  the
 commissioner.
   §  4.  Paragraph  5  of subdivision (b) of section 32.09 of the mental
 hygiene law, as added by chapter 558 of the laws of 1999, is amended  to
 read as follows:
   5.  the applicant will establish procedures to effectively implement a
 detoxification program  to  further  relieve  [addicts]  PEOPLE  WITH  A
 SUBSTANCE  USE  DISORDER,  PEOPLE  WITH A MENTAL HEALTH DISORDER, PEOPLE
 WITH CO-OCCURRING DISORDER, OR PEOPLE IN RECOVERY  from dependence  upon
 methadone  or  such other controlled substances prescribed for treatment
 in subject maintenance programs.
   § 5. Subdivision 1 of section  3302  of  the  public  health  law,  as
 amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
 follows:
   1. ["Addict"] "PERSON WITH A SUBSTANCE USE  DISORDER,  PERSON  WITH  A
 MENTAL  HEALTH DISORDER, PERSON WITH CO-OCCURRING DISORDER, OR PERSON IN
 A. 5764                             3
 
 RECOVERY" means a person who habitually uses a controlled substance  for
 a  non-legitimate  or  unlawful  use,  and  who by reason of such use is
 dependent thereon.
   §  6. Subdivision 1 of section 3331 of the public health law, as added
 by chapter 878 of the laws of 1972, is amended to read as follows:
   1. Except as provided in titles III or V of this article, no substance
 in schedules II, III, IV, or V may be prescribed  for  or  dispensed  or
 administered  to  [an  addict] A PERSON WITH A SUBSTANCE USE DISORDER, A
 PERSON WITH A MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING  DISOR-
 DER, OR A PERSON IN RECOVERY or habitual user.
   §  7.  The title heading of title V of article 33 of the public health
 law, as added by chapter 878 of the laws of 1972, is amended to read  as
 follows:
 
           DISPENSING TO [ADDICTS] PERSONS WITH A SUBSTANCE USE
       DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH
       CO-OCCURRING DISORDER, PERSONS IN RECOVERY AND HABITUAL USERS
 
   § 8. Section 3350 of the public health law, as added by chapter 878 of
 the laws of 1972, is amended to read as follows:
   §  3350.  Dispensing  prohibition.    Controlled substances may not be
 prescribed for, or administered or dispensed to [addicts] PERSONS WITH A
 SUBSTANCE USE DISORDER, PERSONS WITH A MENTAL HEALTH  DISORDER,  PERSONS
 WITH  CO-OCCURRING  DISORDER, OR PERSONS IN RECOVERY,  or habitual users
 of controlled substances, except as provided by this title or title  III
 OF THIS ARTICLE.
   § 9. Section 3351 of the public health law, as added by chapter 878 of
 the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
 1999, is amended to read as follows:
   §  3351.  Dispensing for medical use.  1. Controlled substances may be
 prescribed for, or administered or dispensed to  [an  addict]  A  PERSON
 WITH A SUBSTANCE USE DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A
 PERSON  WITH  CO-OCCURRING  DISORDER,  A PERSON IN RECOVERY, or habitual
 user:
   (a) during emergency medical treatment unrelated  to  [abuse]  USE  of
 controlled substances;
   (b)  who  is a bona fide patient suffering from an incurable and fatal
 disease such as cancer or advanced tuberculosis;
   (c) who is aged, infirm, or suffering from serious injury  or  illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   2.  Controlled  substances  may  be  ordered  for use by [an addict] A
 PERSON WITH A SUBSTANCE USE DISORDER, A  PERSON  WITH  A  MENTAL  HEALTH
 DISORDER,  A PERSON WITH CO-OCCURRING DISORDER, A PERSON IN RECOVERY, or
 habitual user by a practitioner and administered by  a  practitioner  or
 registered nurse to relieve acute withdrawal symptoms.
   3.  Methadone,  or  such  other controlled substance designated by the
 commissioner as appropriate for such use, may be ordered for use of  [an
 addict]  A  PERSON WITH A SUBSTANCE USE DISORDER, A PERSON WITH A MENTAL
 HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER,  OR  A  PERSON  IN
 RECOVERY,  by  a practitioner and dispensed or administered by a practi-
 tioner or [his] THEIR designated agent  as  interim  treatment  for  [an
 addict]  A  PERSON WITH A SUBSTANCE USE DISORDER, A PERSON WITH A MENTAL
 HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER,  OR  A  PERSON  IN
 RECOVERY  on  a  waiting list for admission to an authorized maintenance
 program.
 A. 5764                             4
 
   4. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate  for  such use, may be administered to [an
 addict] A PERSON WITH A SUBSTANCE USE DISORDER, A PERSON WITH  A  MENTAL
 HEALTH  DISORDER,  A  PERSON  WITH CO-OCCURRING DISORDER, OR A PERSON IN
 RECOVERY  by  a  practitioner  or by [his] THEIR designated agent acting
 under the direction and supervision of a  practitioner,  as  part  of  a
 regime  designed  and  intended  to withdraw a patient from addiction to
 controlled substances.
   5. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate  for  such use, may be administered to [an
 addict] A PERSON WITH A SUBSTANCE USE DISORDER, A PERSON WITH  A  MENTAL
 HEALTH  DISORDER,  A  PERSON  WITH CO-OCCURRING DISORDER, OR A PERSON IN
 RECOVERY by a practitioner or by [his]  THEIR  designated  agent  acting
 under  the  direction  and  supervision  of a practitioner, as part of a
 substance [abuse] USE or chemical dependence program  approved  pursuant
 to article [twenty-three or] thirty-two of the mental hygiene law.
   § 10. Section 3372 of the public health law, as amended by chapter 195
 of the laws of 1973, is amended to read as follows:
   § 3372. Practitioner patient reporting.  It shall be the duty of every
 attending  practitioner  and  every  consulting  practitioner  to report
 promptly to the commissioner, or [his] THE  COMMISSIONER'S  duly  desig-
 nated  agent,  the name and, if possible, the address of, and such other
 data as may be required by the commissioner with respect to, any  person
 under  treatment if [he finds] THEY FIND that such person is [an addict]
 A PERSON WITH A SUBSTANCE USE DISORDER, A PERSON WITH  A  MENTAL  HEALTH
 DISORDER,  A PERSON WITH CO-OCCURRING DISORDER, A PERSON IN RECOVERY, or
 a habitual user of any narcotic drug. Such report shall be  kept  confi-
 dential  and  may  be  utilized only for statistical, epidemiological or
 research purposes, except that those  reports  which  originate  in  the
 course  of  a  criminal proceeding other than under section 81.25 of the
 mental hygiene law shall be subject only to the confidentiality require-
 ments of section thirty-three hundred seventy-one of this article.
   § 11. Subdivisions 2 and 3 of section 396-h  of  the  county  law,  as
 added  by  chapter  818  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons [addicted to the use of drugs and drug abusers] WITH A SUBSTANCE
 USE DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OC-
 CURRING  DISORDER,  AND  PERSONS  IN  RECOVERY.  Such  facilities  shall
 include, but shall not be limited to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and  addicts]  PERSONS  WITH  A  SUBSTANCE  USE  DISORDER,
 PERSONS  WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCURRING DISOR-
 DER, AND PERSONS IN RECOVERY;
   b. a treatment center where [drug abusers and addicts] PERSONS WITH  A
 SUBSTANCE  USE  DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS
 WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY may  obtain  profes-
 sional  counseling  from  physicians,  psychologists,  psychiatrists and
 where possible, [former drug abusers and addicts] OTHER PERSONS  WITH  A
 SUBSTANCE  USE  DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS
 WITH CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and  addicts]  PERSONS  WITH  A  SUBSTANCE  USE DISORDER, PERSONS WITH A
 MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND  PERSONS
 IN RECOVERY.
 A. 5764                             5
 
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH A SUBSTANCE USE DISORDER,  PERSONS  WITH  A  MENTAL  HEALTH
 DISORDER,  PERSONS  WITH  CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY
 and persons and agencies concerned with their treatment will make use of
 the aforementioned treatment facilities;
   §  12.  Subdivisions 2, 3, 6 and 10 of section 121 of the general city
 law, as added by chapter 820 of the laws of 1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons [addicted to the use of drugs and drug abusers] WITH A SUBSTANCE
 USE DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OC-
 CURRING  DISORDER,  AND  PERSONS  IN  RECOVERY.  Such  facilities  shall
 include, but shall not be limited to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and  addicts]  PERSONS  WITH  A  SUBSTANCE  USE  DISORDER,
 PERSONS  WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCURRING DISOR-
 DER, AND PERSONS IN RECOVERY;
   b. a treatment center where [addicts] PERSONS  WITH  A  SUBSTANCE  USE
 DISORDER,  PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCUR-
 RING DISORDER, AND PERSONS IN RECOVERY  may  obtain  professional  coun-
 seling from physicians, psychologists, psychiatrists and where possible,
 [former  drug  abusers  and  addicts] OTHER PERSONS WITH A SUBSTANCE USE
 DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH  CO-OCCUR-
 RING DISORDER, AND PERSONS IN RECOVERY;
   c.  half-way  houses to provide continuing treatment for [drug abusers
 and addicts] PERSONS WITH A  SUBSTANCE  USE  DISORDER,  PERSONS  WITH  A
 MENTAL  HEALTH DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND PERSONS
 IN RECOVERY.
   3. To create  a  referral  program  whereby  [drug  abusers,  addicts]
 PERSONS  WITH  A  SUBSTANCE  USE  DISORDER, PERSONS WITH A MENTAL HEALTH
 DISORDER, PERSONS WITH CO-OCCURRING DISORDER, AND  PERSONS  IN  RECOVERY
 and persons and agencies concerned with their treatment will make use of
 the aforementioned treatment facilities;
   6. To encourage and foster, if possible, the use of [former drug abus-
 ers and persons formerly addicted to drugs] PERSONS WITH A SUBSTANCE USE
 DISORDER,  PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH CO-OCCUR-
 RING DISORDER, AND PERSONS IN RECOVERY WHO ARE NO LONGER USING DRUGS  as
 staff personnel;
   10.  To  utilize  [former  drug abusers and ex-addicts] PERSONS WITH A
 SUBSTANCE USE DISORDER, PERSONS WITH A MENTAL HEALTH  DISORDER,  PERSONS
 WITH  CO-OCCURRING  DISORDER,  AND PERSONS IN RECOVERY WHO ARE NO LONGER
 USING DRUGS in educational counseling and make periodic  evaluations  of
 their effectiveness;
   § 13. Section 3028-a of the education law, as amended by chapter 19 of
 the laws of 1987, is amended to read as follows:
   § 3028-a. Students under twenty-one years of age suspected of [alcohol
 abuse  or  narcotic  addiction]  BEING  A  PERSON WITH A SUBSTANCE   USE
 DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON  WITH  CO-OC-
 CURRING  DISORDER, OR A PERSON IN RECOVERY. Any teacher, school adminis-
 trator, school guidance  counselor,  school  psychologist,  school  drug
 counselor, school nurse, supervisor of attendance, attendance teacher or
 attendance  officer  having reasonable cause to suspect that a secondary
 or elementary student under twenty-one years of age is a  [substance  or
 alcohol  abuser  or  substance  dependent] PERSON WITH A SUBSTANCE   USE
 DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON  WITH  CO-OC-
 CURRING  DISORDER,  OR A PERSON IN RECOVERY, who report such information
 A. 5764                             6
 
 to the appropriate secondary or elementary school officials pursuant  to
 the  school's  drug  policy  or  if the school has no drug policy to the
 school's principal or the parents or legal  guardians  of  such  student
 under twenty-one years of age shall have immunity from any civil liabil-
 ity  that  might  otherwise  be  incurred  or imposed as a result of the
 making of such a report.
   § 14. The fifth undesignated paragraph of section 19.01 of the  mental
 hygiene  law, as added by chapter 223 of the laws of 1992, is amended to
 read as follows:
   Substantial benefits can be gained through  [alcoholism]  ALCOHOL  USE
 and  substance  [abuse]  USE  treatment  for both [addicted individuals]
 PERSONS WITH A SUBSTANCE USE DISORDER,  PERSONS  WITH  A  MENTAL  HEALTH
 DISORDER,  PERSONS  WITH  CO-OCCURRING DISORDER, AND PERSONS IN RECOVERY
 and their families. Positive treatment outcomes that  may  be  generated
 through  a complete continuum of care offer a cost effective and compre-
 hensive approach to rehabilitating such individuals. The  primary  goals
 of  the rehabilitation and recovery process are to restore social, fami-
 ly, lifestyle, vocational and economic supports by stabilizing an  indi-
 vidual's physical and psychological functioning.  The legislature recog-
 nizes  the importance of varying treatment approaches and levels of care
 designed to meet each client's needs.  Relapse prevention and  aftercare
 are  two primary components of treatment that serve to promote and main-
 tain recovery.
   § 15. Paragraph (c) of subdivision 1 of section  2897  of  the  public
 health law, as amended by chapter 550 of the laws of 1978, is amended to
 read as follows:
   (c) [he] SUCH ADMINISTRATOR is or has been [an alcohol abuser or is or
 has  been  addicted]  A PERSON WITH A SUBSTANCE  USE  DISORDER, A PERSON
 WITH A MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON IN RECOVERY RELATED to the use  of  morphine,  cocaine  or  other
 drugs having similar effect[, or has become mentally ill];
   §  16.  Paragraph  (h)  of subdivision 1 of section 3450 of the public
 health law, as amended by chapter 534 of the laws of 1983, is amended to
 read as follows:
   (h) is [addicted] A PERSON WITH A SUBSTANCE  USE   DISORDER, A  PERSON
 WITH A MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON  IN  RECOVERY  RELATED  to the use of morphine, opium, cocaine or
 other drugs having a similar effect;
   § 17. Paragraph (e) of subdivision 1 of section 400.00  of  the  penal
 law,  as separately amended by chapters 371 and 669 of the laws of 2022,
 is amended to read as follows:
   (e) who is not an unlawful user of  or  [addicted]  A  PERSON  WITH  A
 SUBSTANCE    USE    DISORDER,  A PERSON WITH A MENTAL HEALTH DISORDER, A
 PERSON WITH CO-OCCURRING DISORDER, OR A PERSON IN  RECOVERY  RELATED  to
 any controlled substance as defined in section 21 U.S.C. 802;
   § 18. Section 63 of the railroad law is amended to read as follows:
   § 63. Persons employed as drivers, conductors, [motormen] ENGINEERS or
 [gripmen]  GRIP  OPERATORS.    Any  railroad  corporation may employ any
 inhabitant of the state, of the age of twenty-one years, [not  addicted]
 WHO  IS  NOT  A  PERSON  WITH  A SUBSTANCE USE DISORDER, A PERSON WITH A
 MENTAL HEALTH DISORDER, A PERSON WITH CO-OCCURRING DISORDER, OR A PERSON
 IN RECOVERY RELATED to the use of intoxicating liquors, as a car driver,
 conductor, [motorman] ENGINEER or [gripman] GRIP  OPERATOR,  or  in  any
 other  capacity, if fit and competent therefor. All applicants for posi-
 tions as [motormen] ENGINEERS or [gripmen] GRIP OPERATORS on any  street
 surface railroad in this state shall be subjected to a thorough examina-
 A. 5764                             7
 
 tion  by  the  officers  of the corporation as to their habits, physical
 ability and intelligence.  If  this  examination  is  satisfactory,  the
 applicant shall be placed in the shop or power house where [he] THEY can
 be  made familiar with the power and machinery [he is] THEY ARE about to
 control. [He] THEY shall then be placed on a car with an instructor, and
 when the latter is satisfied as to the applicant's  capability  for  the
 position  of  [motorman]  ENGINEER or [gripman] GRIP OPERATOR, [he] THEY
 shall so certify to the officers of the company, and, if appointed,  the
 applicant  shall first serve on the lines of least travel. Any violation
 of the provisions of this section shall be a misdemeanor.
   § 19. Paragraph (c) of subdivision 1 of  section  303  of  the  social
 services  law, as amended by chapter 198 of the laws of 1975, is amended
 to read as follows:
   (c) Replacement of lost or mismanaged cash by a person who  by  reason
 of advanced age, illness, infirmity, mental weakness, physical handicap,
 intemperance,  [addiction to drugs] BEING A PERSON WITH A SUBSTANCE  USE
 DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON  WITH  CO-OC-
 CURRING  DISORDER, OR A PERSON IN RECOVERY, or other cause, has suffered
 substantial impairment of [his] THEIR ability to care  for  [his]  THEIR
 property;
   §  20.  Paragraph  (a) of subdivision 2 of section 5 of chapter 274 of
 the laws of 1946, constituting the emergency housing rent  control  law,
 as amended by section 16 of part Q of chapter 39 of the laws of 2019, is
 amended to read as follows:
   (a)  the landlord seeks in good faith to recover possession of a hous-
 ing accommodation because of immediate and compelling necessity for [his
 or her] THEIR own personal use and  occupancy  as  [his  or  her]  THEIR
 primary  residence  or  for  the use and occupancy of [his or her] THEIR
 immediate family as their primary  residence;  provided,  however,  this
 subdivision  shall permit recovery of only one housing accommodation and
 shall not apply where a member of the household lawfully  occupying  the
 housing  accommodation  is  sixty-two  years of age or older, has been a
 tenant in a housing accommodation in that building for fifteen years  or
 more,  or has an impairment which results from anatomical, physiological
 or psychological conditions, other than [addiction] BEING A PERSON  WITH
 SUBSTANCE USE DISORDER, A PERSON WITH A MENTAL HEALTH DISORDER, A PERSON
 WITH  CO-OCCURRING DISORDER, OR A PERSON IN RECOVERY RELATED to alcohol,
 gambling,  or  any  controlled  substance,  which  are  demonstrable  by
 medically  acceptable clinical and laboratory diagnostic techniques, and
 which are expected to be permanent and which  prevent  the  tenant  from
 engaging  in any substantial gainful employment; provided, however, that
 a tenant required to surrender a housing accommodation under this  para-
 graph  shall  have a cause of action in any court of competent jurisdic-
 tion for damages, declaratory, and injunctive relief against a  landlord
 or  purchaser of the premises who makes a fraudulent statement regarding
 a proposed use of the housing accommodation. In any action or proceeding
 brought pursuant to this paragraph a prevailing tenant shall be entitled
 to recovery of actual damages, and reasonable attorneys' fees; or
   § 21. Subdivision a of section 10 of section 4 of chapter 576  of  the
 laws  of 1974, constituting the emergency tenant protection act of nine-
 teen seventy-four, as amended by section 15 of part Q of chapter  39  of
 the laws of 2019, is amended to read as follows:
   a.  For  cities having a population of less than one million and towns
 and villages, the state division of housing and community renewal  shall
 be  empowered  to  implement  this  act by appropriate regulations. Such
 regulations may encompass such speculative or manipulative practices  or
 A. 5764                             8
 
 renting or leasing practices as the state division of housing and commu-
 nity  renewal determines constitute or are likely to cause circumvention
 of this act. Such regulations shall prohibit practices which are  likely
 to prevent any person from asserting any right or remedy granted by this
 act,  including  but  not limited to retaliatory termination of periodic
 tenancies and shall require owners to grant a new one or two year vacan-
 cy or renewal lease at the option of the tenant, except where a mortgage
 or mortgage commitment existing as of the local effective date  of  this
 act  provides that the owner shall not grant a one-year lease; and shall
 prescribe standards with respect to the terms and conditions of new  and
 renewal  leases,  additional  rent  and such related matters as security
 deposits, advance rental payments, the use of escalator clauses in leas-
 es and provision for increase in rentals for garages and other ancillary
 facilities, so as to ensure that the level of rent  adjustments  author-
 ized  under  this  law  will  not be subverted and made ineffective. Any
 provision of the regulations permitting an owner to refuse  to  renew  a
 lease on grounds that the owner seeks to recover possession of a housing
 accommodation  for  [his  or her] THEIR own use and occupancy or for the
 use and occupancy of [his or her] THEIR immediate  family  shall  permit
 recovery  of only one housing accommodation, shall require that an owner
 demonstrate immediate and compelling need and that the housing  accommo-
 dation  will  be the proposed occupants' primary residence and shall not
 apply where a member of the housing accommodation is sixty-two years  of
 age  or  older,  has  been  a  tenant in a housing accommodation in that
 building for fifteen years or more, or has an impairment  which  results
 from  anatomical,  physiological or psychological conditions, other than
 [addiction] BEING A PERSON WITH A SUBSTANCE USE DISORDER, A PERSON  WITH
 A  MENTAL  HEALTH  DISORDER,  A  PERSON WITH CO-OCCURRING DISORDER, OR A
 PERSON IN RECOVERY RELATED  to  alcohol,  gambling,  or  any  controlled
 substance,  which  are demonstrable by medically acceptable clinical and
 laboratory diagnostic techniques, and which are expected to be permanent
 and which prevent the tenant from engaging in  any  substantial  gainful
 employment;  provided,  however,  that  a tenant required to surrender a
 housing accommodation under this  subdivision  shall  have  a  cause  of
 action  in any court of competent jurisdiction for damages, declaratory,
 and injunctive relief against a landlord or purchaser  of  the  premises
 who makes a fraudulent statement regarding a proposed use of the housing
 accommodation.  In  any  action  or  proceeding brought pursuant to this
 subdivision a prevailing tenant shall be entitled to recovery of  actual
 damages, and reasonable attorneys' fees.
   §  22. Section 28 of the general construction law, as added by chapter
 351 of the laws of 2021, is amended to read as follows:
   § 28. Mental disability,  mental  illness,  developmental  disability,
 addictive  disorder and addiction disorder. The terms mental disability,
 mental  illness,  developmental  disability,  addictive   disorder   and
 addiction  disorder  shall  have  the  same  meaning as they are defined
 pursuant to section 1.03 of the mental hygiene law.  HEREAFTER,  IN  ANY
 LAW,  RULE,  REGULATION,  ORDINANCE  OR  RESOLUTION, PERSON-FIRST TERMS,
 INCLUDING BUT NOT LIMITED TO "A PERSON WITH A SUBSTANCE  USE  DISORDER",
 "A  PERSON  WITH  A MENTAL HEALTH DISORDER", "A PERSON WITH CO-OCCURRING
 DISORDER", OR "A PERSON IN RECOVERY",  SHALL  BE  USED  IN  SUBSTITUTION
 THEREFOR AND WITH THE SAME FORCE AND EFFECT.
   § 23. This act shall take effect immediately.