STATE OF NEW YORK
________________________________________________________________________
S. 7436 A. 9045
SENATE - ASSEMBLY
January 18, 2018
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the town law, the village law and the general city law,
in relation to zoning provisions for temporary family health care
structures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The town law is amended by adding a new section 274-c to
2 read as follows:
3 § 274-c. Zoning provisions for temporary family health care struc-
4 tures. 1. For purposes of this section:
5 (a) "Caregiver" means an adult who provides care for a mentally disa-
6 bled or physically impaired person within the state. A caregiver shall
7 be either related by blood, marriage, or adoption to or the legally
8 appointed guardian of the mentally disabled or physically impaired
9 person for whom he or she is caring.
10 (b) "Physically impaired person" means a person who is a resident of
11 the state and who requires assistance with two or more activities of
12 daily living as certified in a statement of a physician duly licensed to
13 practice medicine.
14 (c) "Mentally disabled person" means a person with a mental illness,
15 mental retardation, developmental disability, alcoholism, substance
16 dependence, or chemical dependence as defined in subdivision three of
17 section 1.03 of the mental hygiene law.
18 (d) "Temporary family health care structure" means a transportable
19 residential structure, providing an environment facilitating a
20 caregiver's provision of care for a mentally disabled or physically
21 impaired person, that (i) is primarily assembled at a location other
22 than its site of installation, (ii) is limited to one occupant who shall
23 be the mentally disabled or physically impaired person, (iii) has no
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08098-01-7
S. 7436 2 A. 9045
1 more than three hundred gross square feet, and (iv) complies with appli-
2 cable provisions of section one hundred thirty of this chapter. Placing
3 the temporary family health care structure on a permanent foundation
4 shall not be required or permitted.
5 2. Zoning ordinances for all purposes shall consider temporary family
6 health care structures for use by a caregiver in providing care for a
7 mentally disabled or physically impaired person and on property owned or
8 occupied by the caregiver as his or her residence as a permitted acces-
9 sory for use in any single-family residential zoning district on lots
10 zoned for single-family detached dwellings. Such structures shall not
11 require a special use permit or be subjected to any other local require-
12 ments beyond those imposed upon other authorized accessory structures,
13 except as otherwise provided in this section. Such structures shall
14 comply with all setback requirements that apply to the primary structure
15 and with any maximum floor area ration limitations that may apply to the
16 primary structure. Only one family health care structure shall be
17 allowed on a lot or parcel of land.
18 3. Any person proposing to install a temporary family health care
19 structure shall first obtain a permit from the planning board or such
20 other administrative body, for which the locality may charge a uniform
21 fee of up to one hundred dollars. The locality may not withhold such
22 permit if the applicant provides sufficient proof of compliance with
23 this section. The locality may require that the applicant provide
24 evidence of compliance with this section on an annual basis as long as
25 the temporary family health care structure remains on the property. Such
26 evidence may involve the inspection by the locality of the temporary
27 family health care structure at reasonable times convenient to the care-
28 giver, not limited to any annual compliance confirmation.
29 4. Any temporary family health care structure installed pursuant to
30 this section may be required to connect to any water, sewer, and elec-
31 tric utilities that are serving the primary residence on the property
32 and shall comply with all applicable requirements of section one hundred
33 thirty of this chapter.
34 5. No signage advertising or otherwise promoting the existence of the
35 structure shall be permitted either on the exterior of the temporary
36 family health care structure or elsewhere on the property.
37 6. Any temporary family health care structure installed pursuant to
38 this section shall be removed within thirty days after the mentally
39 disabled or physically impaired person is no longer receiving or is no
40 longer in need of the assistance provided for in this section.
41 7. The planning board or other such administrative body may revoke the
42 permit granted pursuant to subdivision three of this section if the
43 permit holder violates any provision of this section. Additionally, the
44 local governing body may seek injunctive relief or other appropriate
45 actions or proceedings to ensure compliance with this section. The
46 planning board or other such administrative body is vested with all
47 necessary authority on behalf of the governing body of the locality to
48 ensure compliance with this section.
49 § 2. The village law is amended by adding a new section 7-725-c to
50 read as follows:
51 § 7-725-c Zoning provisions for temporary family health care struc-
52 tures. 1. For purposes of this section:
53 (a) "Caregiver" means an adult who provides care for a mentally disa-
54 bled or physically impaired person within the state. A caregiver shall
55 be either related by blood, marriage, or adoption to or the legally
S. 7436 3 A. 9045
1 appointed guardian of the mentally disabled or physically impaired
2 person for whom he or she is caring.
3 (b) "Physically impaired person" means a person who is a resident of
4 the state and who requires assistance with two or more activities of
5 daily living as certified in a statement of a physician duly licensed to
6 practice medicine.
7 (c) "Mentally disabled person" means a person with a mental illness,
8 mental retardation, developmental disability, alcoholism, substance
9 dependence, or chemical dependence as defined in subdivision three of
10 section 1.03 of the mental hygiene law.
11 (d) "Temporary family health care structure" means a transportable
12 residential structure, providing an environment facilitating a
13 caregiver's provision of care for a mentally disabled or physically
14 impaired person, that (i) is primarily assembled at a location other
15 than its site of installation, (ii) is limited to one occupant who shall
16 be the mentally disabled or physically impaired person, (iii) has no
17 more than three hundred gross square feet, and (iv) complies with appli-
18 cable provisions of section 7-700 of this article. Placing the temporary
19 family health care structure on a permanent foundation shall not be
20 required or permitted.
21 2. Zoning ordinances for all purposes shall consider temporary family
22 health care structures for use by a caregiver in providing care for a
23 mentally disabled or physically impaired person and on property owned or
24 occupied by the caregiver as his or her residence as a permitted acces-
25 sory for use in any single-family residential zoning district on lots
26 zoned for single-family detached dwellings. Such structures shall not
27 require a special use permit or be subjected to any other local require-
28 ments beyond those imposed upon other authorized accessory structures,
29 except as otherwise provided in this section. Such structures shall
30 comply with all setback requirements that apply to the primary structure
31 and with any maximum floor area ration limitations that may apply to the
32 primary structure. Only one family health care structure shall be
33 allowed on a lot or parcel of land.
34 3. Any person proposing to install a temporary family health care
35 structure shall first obtain a permit from the planning board or such
36 other administrative body, for which the locality may charge a uniform
37 fee of up to one hundred dollars. The locality may not withhold such
38 permit if the applicant provides sufficient proof of compliance with
39 this section. The locality may require that the applicant provide
40 evidence of compliance with this section on an annual basis as long as
41 the temporary family health care structure remains on the property. Such
42 evidence may involve the inspection by the locality of the temporary
43 family health care structure at reasonable times convenient to the care-
44 giver, not limited to any annual compliance confirmation.
45 4. Any temporary family health care structure installed pursuant to
46 this section may be required to connect to any water, sewer, and elec-
47 tric utilities that are serving the primary residence on the property
48 and shall comply with all applicable requirements of sections 11-1112
49 and 14-1438 of this chapter.
50 5. No signage advertising or otherwise promoting the existence of the
51 structure shall be permitted either on the exterior of the temporary
52 family health care structure or elsewhere on the property.
53 6. Any temporary family health care structure installed pursuant to
54 this section shall be removed within thirty days after the mentally
55 disabled or physically impaired person is no longer receiving or is no
56 longer in need of the assistance provided for in this section.
S. 7436 4 A. 9045
1 7. The planning board or other such administrative body may revoke the
2 permit granted pursuant to subdivision three of this section if the
3 permit holder violates any provision of this section. Additionally, the
4 local governing body may seek injunctive relief or other appropriate
5 actions or proceedings to ensure compliance with this section. The
6 planning board or other such administrative body is vested with all
7 necessary authority on behalf of the governing body of the locality to
8 ensure compliance with this section.
9 § 3. The general city law is amended by adding a new section 82 to
10 read as follows:
11 § 82. Zoning provisions for temporary family health care structures.
12 1. For purposes of this section:
13 (a) "Caregiver" means an adult who provides care for a mentally disa-
14 bled or physically impaired person within the state. A caregiver shall
15 be either related by blood, marriage, or adoption to or the legally
16 appointed guardian of the mentally disabled or physically impaired
17 person for whom he or she is caring.
18 (b) "Physically impaired person" means a person who is a resident of
19 the state and who requires assistance with two or more activities of
20 daily living as certified in a statement of a physician duly licensed to
21 practice medicine.
22 (c) "Mentally disabled person" means a person with a mental illness,
23 mental retardation, developmental disability, alcoholism, substance
24 dependence, or chemical dependence as defined in subdivision three of
25 section 1.03 of the mental hygiene law.
26 (d) "Temporary family health care structure" means a transportable
27 residential structure, providing an environment facilitating a
28 caregiver's provision of care for a mentally disabled or physically
29 impaired person, that (i) is primarily assembled at a location other
30 than its site of installation, (ii) is limited to one occupant who shall
31 be the mentally disabled or physically impaired person, (iii) has no
32 more than three hundred gross square feet, and (iv) complies with appli-
33 cable provisions of subdivisions twenty-four and twenty-five of section
34 twenty of this chapter. Placing the temporary family health care struc-
35 ture on a permanent foundation shall not be required or permitted.
36 2. Zoning ordinances for all purposes shall consider temporary family
37 health care structures for use by a caregiver in providing care for a
38 mentally disabled or physically impaired person and on property owned or
39 occupied by the caregiver as his or her residence as a permitted acces-
40 sory for use in any single-family residential zoning district on lots
41 zoned for single-family detached dwellings. Such structures shall not
42 require a special use permit or be subjected to any other local require-
43 ments beyond those imposed upon other authorized accessory structures,
44 except as otherwise provided in this section. Such structures shall
45 comply with all setback requirements that apply to the primary structure
46 and with any maximum floor area ration limitations that may apply to the
47 primary structure. Only one family health care structure shall be
48 allowed on a lot or parcel of land.
49 3. Any person proposing to install a temporary family health care
50 structure shall first obtain a permit from the planning board or such
51 other administrative body, for which the locality may charge a uniform
52 fee of up to one hundred dollars. The locality may not withhold such
53 permit if the applicant provides sufficient proof of compliance with
54 this section. The locality may require that the applicant provide
55 evidence of compliance with this section on an annual basis as long as
56 the temporary family health care structure remains on the property. Such
S. 7436 5 A. 9045
1 evidence may involve the inspection by the locality of the temporary
2 family health care structure at reasonable times convenient to the care-
3 giver, not limited to any annual compliance confirmation.
4 4. Any temporary family health care structure installed pursuant to
5 this section may be required to connect to any water, sewer, and elec-
6 tric utilities that are serving the primary residence on the property
7 and shall comply with all applicable requirements of sections twenty and
8 fifty-three of this chapter.
9 5. No signage advertising or otherwise promoting the existence of the
10 structure shall be permitted either on the exterior of the temporary
11 family health care structure or elsewhere on the property.
12 6. Any temporary family health care structure installed pursuant to
13 this section shall be removed within thirty days after the mentally
14 disabled or physically impaired person is no longer receiving or is no
15 longer in need of the assistance provided for in this section.
16 7. The planning board or other such administrative body may revoke the
17 permit granted pursuant to subdivision three of this section if the
18 permit holder violates any provision of this section. Additionally, the
19 local governing body may seek injunctive relief or other appropriate
20 actions or proceedings to ensure compliance with this section. The
21 planning board or other such administrative body is vested with all
22 necessary authority on behalf of the governing body of the locality to
23 ensure compliance with this section.
24 § 4. This act shall take effect immediately.
