Add §390-e, Gen Bus L; add Art 21 §§21.01 - 21.19, Ment Hyg L; amd §§17 & 143-b, Soc Serv L
Relates to the improvement and operation of sober living homes including the process for certification, inspections, and violations and the establishment of a toll free hotline to respond to complaints.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5547
SPONSOR: Smith TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To improve the operation of sober living homes.
SUMMARY OF PROVISIONS:
Section One contains the declaration of findings and legislative intent.
Section Two amends the general business law to provide for the defi-
nition of a sober living home. It further provides that no owner, opera-
tor, or landlord-may hold themselves out or advertise to be a "sober
living home" unless they are certified as such.
Section Three amends the mental hygiene law by adding a new article 21
entitled "Certification of Sober Living Homes". This new article
provides for a certification process and fees, details circumstances
under which a certificate can be revoked, and outlines inspection and
violation procedures.
Section Four amends the social services law to ensure that all recipi-
ents of public assistance, who reside in sober living homes, live in
housing accommodations that are in compliance with all applicable build-
ing codes, ordinances, and regulations, with reasonable accommodations
provided pursuant to the Federal Fair Housing Act.
Section Five amends the social services law to provide that in the event
there are any outstanding violations of law in respect to the sober
living home, a public welfare official may withhold a portion of any
payment comprising rent, which is made on behalf of a sober living home
resident.
Section Six contains the severability clause. Section Seven contains the
effective date.
JUSTIFICATION:
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 alcohol 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 environment.
There are far too many sober living home operators who fail to provide
the atmosphere necessary for residents to be successful. While there
certainly are some well-run sober living homes that truly aim to assist
those in recovery, many of these homes are often over- crowded, drug and
alcohol infested, unsanitary, and incompetently managed. In order to
ensure that appropriate living standards are being maintained, regu-
lations pertaining to the operation of sober living homes must be estab-
lished and enforced.
PRIOR LEGISLATIVE HISTORY:
2021 - A4814 Held for consideration in alcoholism and drug abuse
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Effective one year after it shall become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.
