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A05764 Summary:

BILL NOA05764
 
SAME ASNo Same As
 
SPONSORBrown K
 
COSPNSR
 
MLTSPNSR
 
Amd §35, Judy L; amd §§32.05, 32.09 & 19.01, Ment Hyg L; amd §§3302, 3331, 3350, 3351, 3372, 2897 & 3450, Art 33 Title V Title Head, Pub Health L; amd §396-h, County L; amd §121, Gen City L; amd §3028-a, Ed L; amd §400.00, Pen L; amd §63, Rail L; amd §303, Soc Serv L; amd §5, Emerg Hous Rent Cont L; amd §10, Emerg Ten Prot Act of 1974; amd §28, Gen Con L
 
Replaces 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 a variation thereof.
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A05764 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5764
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
     2  law, as amended by chapter 479 of the laws of 2022, is amended  to  read
     3  as follows:
     4    a. When a court orders a hearing in a proceeding upon a writ of habeas
     5  corpus  to inquire into the cause of detention of a person in custody in
     6  a state institution, or when it orders a hearing in a  civil  proceeding
     7  to commit or transfer a person to or retain [him] such person in a state
     8  institution  when  such  person is alleged to be [mentally ill, mentally
     9  defective or a narcotic addict]  a person with a substance use disorder,
    10  a person with a mental  health  disorder,  a  person  with  co-occurring
    11  disorder,  or  a person in recovery, or when it orders a hearing for the
    12  commitment of the guardianship and custody of a child to  an  authorized
    13  agency  by reason of the mental illness or developmental disability of a
    14  parent, or when it orders a hearing to determine whether consent to  the
    15  adoption  of  a child shall be required of a parent who is alleged to be
    16  mentally ill or developmentally disabled, or when it orders a hearing to
    17  determine the best interests of a child when the  parent  of  the  child
    18  revokes  a  consent to the adoption of such child and such revocation is
    19  opposed or in any adoption or custody proceeding if it  determines  that
    20  assignment  of  counsel in such cases is mandated by the constitution of
    21  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
 
     1  represent such person if it is satisfied that [he] such person is finan-
     2  cially  unable  to  obtain  counsel.  Upon an appeal taken from an order
     3  entered in any such proceeding, the appellate court may  assign  counsel
     4  to  represent  such  person upon the appeal if it is satisfied that [he]
     5  such person is financially unable to obtain counsel.
     6    § 2. Subdivision 4 of section 35 of the judiciary law, as  amended  by
     7  section  3  of  part GG of chapter 56 of the laws of 2023, is amended to
     8  read as follows:
     9    4. In any proceeding described in paragraph a of  subdivision  one  of
    10  this  section,  when  a  person is alleged to be [mentally ill, mentally
    11  defective or a narcotic addict] a person with a substance use  disorder,
    12  a  person  with  a  mental  health  disorder, a person with co-occurring
    13  disorder, or a person in recovery, the court which ordered  the  hearing
    14  may  appoint  no more than two psychiatrists, certified psychologists or
    15  physicians to examine and testify at the hearing upon the  condition  of
    16  such  person.  A  psychiatrist,  psychologist  or physician so appointed
    17  shall, upon completion of  their  services,  receive  reimbursement  for
    18  expenses  reasonably  incurred  and  reasonable  compensation  for  such
    19  services, to be fixed by the court. Such compensation shall  not  exceed
    20  three  thousand  dollars, except that in extraordinary circumstances the
    21  court may provide for compensation in excess of the foregoing limits.
    22    § 3. Paragraph (i) of subdivision (b) of section 32.05 of  the  mental
    23  hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
    24  of 2019, is amended to read as follows:
    25    (i)  Methadone,  or  such other controlled substance designated by the
    26  commissioner of health as appropriate for such use, may be  administered
    27  to  [an  addict] a person with a substance use disorder, a person with a
    28  mental health disorder, a person with co-occurring disorder, or a person
    29  in recovery, as defined in  section  thirty-three  hundred  two  of  the
    30  public  health  law,  by individual physicians, groups of physicians and
    31  public or private medical facilities certified pursuant to article twen-
    32  ty-eight or thirty-three of the public health law as part of a  chemical
    33  dependence program which has been issued an operating certificate by the
    34  commissioner  pursuant to subdivision (b) of section 32.09 of this arti-
    35  cle, provided, however, that such administration must be done in accord-
    36  ance with all applicable federal and state laws and  regulations.  Indi-
    37  vidual   physicians   or   groups   of   physicians  who  have  obtained
    38  authorization from the federal government to administer buprenorphine to
    39  [addicts] people with a substance use disorder,  people  with  a  mental
    40  health  disorder, people with co-occurring disorder, or people in recov-
    41  ery may do so  without  obtaining  an  operating  certificate  from  the
    42  commissioner.
    43    §  4.  Paragraph  5  of subdivision (b) of section 32.09 of the mental
    44  hygiene law, as added by chapter 558 of the laws of 1999, is amended  to
    45  read as follows:
    46    5.  the applicant will establish procedures to effectively implement a
    47  detoxification program  to  further  relieve  [addicts]  people  with  a
    48  substance  use  disorder,  people  with a mental health disorder, people
    49  with co-occurring disorder, or people in recovery  from dependence  upon
    50  methadone  or  such other controlled substances prescribed for treatment
    51  in subject maintenance programs.
    52    § 5. Subdivision 1 of section  3302  of  the  public  health  law,  as
    53  amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
    54  follows:
    55    1. ["Addict"] "Person with a substance use  disorder,  person  with  a
    56  mental  health disorder, person with co-occurring disorder, or person in

        A. 5764                             3
 
     1  recovery" means a person who habitually uses a controlled substance  for
     2  a  non-legitimate  or  unlawful  use,  and  who by reason of such use is
     3  dependent thereon.
     4    §  6. Subdivision 1 of section 3331 of the public health law, as added
     5  by chapter 878 of the laws of 1972, is amended to read as follows:
     6    1. Except as provided in titles III or V of this article, no substance
     7  in schedules II, III, IV, or V may be prescribed  for  or  dispensed  or
     8  administered  to  [an  addict] a person with a substance use disorder, a
     9  person with a mental health disorder, a person with co-occurring  disor-
    10  der, or a person in recovery or habitual user.
    11    §  7.  The title heading of title V of article 33 of the public health
    12  law, as added by chapter 878 of the laws of 1972, is amended to read  as
    13  follows:
 
    14            DISPENSING TO [ADDICTS] PERSONS WITH A SUBSTANCE USE
    15        DISORDER, PERSONS WITH A MENTAL HEALTH DISORDER, PERSONS WITH
    16        CO-OCCURRING DISORDER, PERSONS IN RECOVERY AND HABITUAL USERS
 
    17    § 8. Section 3350 of the public health law, as added by chapter 878 of
    18  the laws of 1972, is amended to read as follows:
    19    §  3350.  Dispensing  prohibition.    Controlled substances may not be
    20  prescribed for, or administered or dispensed to [addicts] persons with a
    21  substance use disorder, persons with a mental health  disorder,  persons
    22  with  co-occurring  disorder, or persons in recovery,  or habitual users
    23  of controlled substances, except as provided by this title or title  III
    24  of this article.
    25    § 9. Section 3351 of the public health law, as added by chapter 878 of
    26  the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
    27  1999, is amended to read as follows:
    28    §  3351.  Dispensing for medical use.  1. Controlled substances may be
    29  prescribed for, or administered or dispensed to  [an  addict]  a  person
    30  with a substance use disorder, a person with a mental health disorder, a
    31  person  with  co-occurring  disorder,  a person in recovery, or habitual
    32  user:
    33    (a) during emergency medical treatment unrelated  to  [abuse]  use  of
    34  controlled substances;
    35    (b)  who  is a bona fide patient suffering from an incurable and fatal
    36  disease such as cancer or advanced tuberculosis;
    37    (c) who is aged, infirm, or suffering from serious injury  or  illness
    38  and the withdrawal from controlled substances would endanger the life or
    39  impede or inhibit the recovery of such person.
    40    2.  Controlled  substances  may  be  ordered  for use by [an addict] a
    41  person with a substance use disorder, a  person  with  a  mental  health
    42  disorder,  a person with co-occurring disorder, a person in recovery, or
    43  habitual user by a practitioner and administered by  a  practitioner  or
    44  registered nurse to relieve acute withdrawal symptoms.
    45    3.  Methadone,  or  such  other controlled substance designated by the
    46  commissioner as appropriate for such use, may be ordered for use of  [an
    47  addict]  a  person with a substance use disorder, a person with a mental
    48  health disorder, a person with co-occurring disorder,  or  a  person  in
    49  recovery,  by  a practitioner and dispensed or administered by a practi-
    50  tioner or [his] their designated agent  as  interim  treatment  for  [an
    51  addict]  a  person with a substance use disorder, a person with a mental
    52  health disorder, a person with co-occurring disorder,  or  a  person  in
    53  recovery  on  a  waiting list for admission to an authorized maintenance
    54  program.

        A. 5764                             4
 
     1    4. Methadone, or such other controlled  substance  designated  by  the
     2  commissioner  as  appropriate  for  such use, may be administered to [an
     3  addict] a person with a substance use disorder, a person with  a  mental
     4  health  disorder,  a  person  with co-occurring disorder, or a person in
     5  recovery  by  a  practitioner  or by [his] their designated agent acting
     6  under the direction and supervision of a  practitioner,  as  part  of  a
     7  regime  designed  and  intended  to withdraw a patient from addiction to
     8  controlled substances.
     9    5. Methadone, or such other controlled  substance  designated  by  the
    10  commissioner  as  appropriate  for  such use, may be administered to [an
    11  addict] a person with a substance use disorder, a person with  a  mental
    12  health  disorder,  a  person  with co-occurring disorder, or a person in
    13  recovery by a practitioner or by [his]  their  designated  agent  acting
    14  under  the  direction  and  supervision  of a practitioner, as part of a
    15  substance [abuse] use or chemical dependence program  approved  pursuant
    16  to article [twenty-three or] thirty-two of the mental hygiene law.
    17    § 10. Section 3372 of the public health law, as amended by chapter 195
    18  of the laws of 1973, is amended to read as follows:
    19    § 3372. Practitioner patient reporting.  It shall be the duty of every
    20  attending  practitioner  and  every  consulting  practitioner  to report
    21  promptly to the commissioner, or [his] the  commissioner's  duly  desig-
    22  nated  agent,  the name and, if possible, the address of, and such other
    23  data as may be required by the commissioner with respect to, any  person
    24  under  treatment if [he finds] they find that such person is [an addict]
    25  a person with a substance use disorder, a person with  a  mental  health
    26  disorder,  a person with co-occurring disorder, a person in recovery, or
    27  a habitual user of any narcotic drug. Such report shall be  kept  confi-
    28  dential  and  may  be  utilized only for statistical, epidemiological or
    29  research purposes, except that those  reports  which  originate  in  the
    30  course  of  a  criminal proceeding other than under section 81.25 of the
    31  mental hygiene law shall be subject only to the confidentiality require-
    32  ments of section thirty-three hundred seventy-one of this article.
    33    § 11. Subdivisions 2 and 3 of section 396-h  of  the  county  law,  as
    34  added  by  chapter  818  of  the  laws  of  1971, are amended to read as
    35  follows:
    36    2. To establish in-patient and out-patient  treatment  facilities  for
    37  persons [addicted to the use of drugs and drug abusers] with a substance
    38  use disorder, persons with a mental health disorder, persons with co-oc-
    39  curring  disorder,  and  persons  in  recovery.  Such  facilities  shall
    40  include, but shall not be limited to:
    41    a. detoxification centers and clinics for the out-patient treatment of
    42  [drug abusers and  addicts]  persons  with  a  substance  use  disorder,
    43  persons  with a mental health disorder, persons with co-occurring disor-
    44  der, and persons in recovery;
    45    b. a treatment center where [drug abusers and addicts] persons with  a
    46  substance  use  disorder, persons with a mental health disorder, persons
    47  with co-occurring disorder, and persons in recovery may  obtain  profes-
    48  sional  counseling  from  physicians,  psychologists,  psychiatrists and
    49  where possible, [former drug abusers and addicts] other persons  with  a
    50  substance  use  disorder, persons with a mental health disorder, persons
    51  with co-occurring disorder, and persons in recovery;
    52    c. half-way houses to provide continuing treatment for  [drug  abusers
    53  and  addicts]  persons  with  a  substance  use disorder, persons with a
    54  mental health disorder, persons with co-occurring disorder, and  persons
    55  in recovery.

        A. 5764                             5
 
     1    3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
     2  persons with a substance use disorder,  persons  with  a  mental  health
     3  disorder,  persons  with  co-occurring disorder, and persons in recovery
     4  and persons and agencies concerned with their treatment will make use of
     5  the aforementioned treatment facilities;
     6    §  12.  Subdivisions 2, 3, 6 and 10 of section 121 of the general city
     7  law, as added by chapter 820 of the laws of 1971, are amended to read as
     8  follows:
     9    2. To establish in-patient and out-patient  treatment  facilities  for
    10  persons [addicted to the use of drugs and drug abusers] with a substance
    11  use disorder, persons with a mental health disorder, persons with co-oc-
    12  curring  disorder,  and  persons  in  recovery.  Such  facilities  shall
    13  include, but shall not be limited to:
    14    a. detoxification centers and clinics for the out-patient treatment of
    15  [drug abusers and  addicts]  persons  with  a  substance  use  disorder,
    16  persons  with a mental health disorder, persons with co-occurring disor-
    17  der, and persons in recovery;
    18    b. a treatment center where [addicts] persons  with  a  substance  use
    19  disorder,  persons with a mental health disorder, persons with co-occur-
    20  ring disorder, and persons in recovery  may  obtain  professional  coun-
    21  seling from physicians, psychologists, psychiatrists and where possible,
    22  [former  drug  abusers  and  addicts] other persons with a substance use
    23  disorder, persons with a mental health disorder, persons with  co-occur-
    24  ring disorder, and persons in recovery;
    25    c.  half-way  houses to provide continuing treatment for [drug abusers
    26  and addicts] persons with a  substance  use  disorder,  persons  with  a
    27  mental  health disorder, persons with co-occurring disorder, and persons
    28  in recovery.
    29    3. To create  a  referral  program  whereby  [drug  abusers,  addicts]
    30  persons  with  a  substance  use  disorder, persons with a mental health
    31  disorder, persons with co-occurring disorder, and  persons  in  recovery
    32  and persons and agencies concerned with their treatment will make use of
    33  the aforementioned treatment facilities;
    34    6. To encourage and foster, if possible, the use of [former drug abus-
    35  ers and persons formerly addicted to drugs] persons with a substance use
    36  disorder,  persons with a mental health disorder, persons with co-occur-
    37  ring disorder, and persons in recovery who are no longer using drugs  as
    38  staff personnel;
    39    10.  To  utilize  [former  drug abusers and ex-addicts] persons with a
    40  substance use disorder, persons with a mental health  disorder,  persons
    41  with  co-occurring  disorder,  and persons in recovery who are no longer
    42  using drugs in educational counseling and make periodic  evaluations  of
    43  their effectiveness;
    44    § 13. Section 3028-a of the education law, as amended by chapter 19 of
    45  the laws of 1987, is amended to read as follows:
    46    § 3028-a. Students under twenty-one years of age suspected of [alcohol
    47  abuse  or  narcotic  addiction]  being  a  person with a substance   use
    48  disorder, a person with a mental health disorder, a person  with  co-oc-
    49  curring  disorder, or a person in recovery. Any teacher, school adminis-
    50  trator, school guidance  counselor,  school  psychologist,  school  drug
    51  counselor, school nurse, supervisor of attendance, attendance teacher or
    52  attendance  officer  having reasonable cause to suspect that a secondary
    53  or elementary student under twenty-one years of age is a  [substance  or
    54  alcohol  abuser  or  substance  dependent] person with a substance   use
    55  disorder, a person with a mental health disorder, a person  with  co-oc-
    56  curring  disorder,  or a person in recovery, who report such information

        A. 5764                             6
 
     1  to the appropriate secondary or elementary school officials pursuant  to
     2  the  school's  drug  policy  or  if the school has no drug policy to the
     3  school's principal or the parents or legal  guardians  of  such  student
     4  under twenty-one years of age shall have immunity from any civil liabil-
     5  ity  that  might  otherwise  be  incurred  or imposed as a result of the
     6  making of such a report.
     7    § 14. The fifth undesignated paragraph of section 19.01 of the  mental
     8  hygiene  law, as added by chapter 223 of the laws of 1992, is amended to
     9  read as follows:
    10    Substantial benefits can be gained through  [alcoholism]  alcohol  use
    11  and  substance  [abuse]  use  treatment  for both [addicted individuals]
    12  persons with a substance use disorder,  persons  with  a  mental  health
    13  disorder,  persons  with  co-occurring disorder, and persons in recovery
    14  and their families. Positive treatment outcomes that  may  be  generated
    15  through  a complete continuum of care offer a cost effective and compre-
    16  hensive approach to rehabilitating such individuals. The  primary  goals
    17  of  the rehabilitation and recovery process are to restore social, fami-
    18  ly, lifestyle, vocational and economic supports by stabilizing an  indi-
    19  vidual's physical and psychological functioning.  The legislature recog-
    20  nizes  the importance of varying treatment approaches and levels of care
    21  designed to meet each client's needs.  Relapse prevention and  aftercare
    22  are  two primary components of treatment that serve to promote and main-
    23  tain recovery.
    24    § 15. Paragraph (c) of subdivision 1 of section  2897  of  the  public
    25  health law, as amended by chapter 550 of the laws of 1978, is amended to
    26  read as follows:
    27    (c) [he] such administrator is or has been [an alcohol abuser or is or
    28  has  been  addicted]  a person with a substance  use  disorder, a person
    29  with a mental health disorder, a person with co-occurring disorder, or a
    30  person in recovery related to the use  of  morphine,  cocaine  or  other
    31  drugs having similar effect[, or has become mentally ill];
    32    §  16.  Paragraph  (h)  of subdivision 1 of section 3450 of the public
    33  health law, as amended by chapter 534 of the laws of 1983, is amended to
    34  read as follows:
    35    (h) is [addicted] a person with a substance  use   disorder, a  person
    36  with a mental health disorder, a person with co-occurring disorder, or a
    37  person  in  recovery  related  to the use of morphine, opium, cocaine or
    38  other drugs having a similar effect;
    39    § 17. Paragraph (e) of subdivision 1 of section 400.00  of  the  penal
    40  law,  as separately amended by chapters 371 and 669 of the laws of 2022,
    41  is amended to read as follows:
    42    (e) who is not an unlawful user of  or  [addicted]  a  person  with  a
    43  substance    use    disorder,  a person with a mental health disorder, a
    44  person with co-occurring disorder, or a person in  recovery  related  to
    45  any controlled substance as defined in section 21 U.S.C. 802;
    46    § 18. Section 63 of the railroad law is amended to read as follows:
    47    § 63. Persons employed as drivers, conductors, [motormen] engineers or
    48  [gripmen]  grip  operators.    Any  railroad  corporation may employ any
    49  inhabitant of the state, of the age of twenty-one years, [not  addicted]
    50  who  is  not  a  person  with  a substance use disorder, a person with a
    51  mental health disorder, a person with co-occurring disorder, or a person
    52  in recovery related to the use of intoxicating liquors, as a car driver,
    53  conductor, [motorman] engineer or [gripman] grip  operator,  or  in  any
    54  other  capacity, if fit and competent therefor. All applicants for posi-
    55  tions as [motormen] engineers or [gripmen] grip operators on any  street
    56  surface railroad in this state shall be subjected to a thorough examina-

        A. 5764                             7
 
     1  tion  by  the  officers  of the corporation as to their habits, physical
     2  ability and intelligence.  If  this  examination  is  satisfactory,  the
     3  applicant shall be placed in the shop or power house where [he] they can
     4  be  made familiar with the power and machinery [he is] they are about to
     5  control. [He] They shall then be placed on a car with an instructor, and
     6  when the latter is satisfied as to the applicant's  capability  for  the
     7  position  of  [motorman]  engineer or [gripman] grip operator, [he] they
     8  shall so certify to the officers of the company, and, if appointed,  the
     9  applicant  shall first serve on the lines of least travel. Any violation
    10  of the provisions of this section shall be a misdemeanor.
    11    § 19. Paragraph (c) of subdivision 1 of  section  303  of  the  social
    12  services  law, as amended by chapter 198 of the laws of 1975, is amended
    13  to read as follows:
    14    (c) Replacement of lost or mismanaged cash by a person who  by  reason
    15  of advanced age, illness, infirmity, mental weakness, physical handicap,
    16  intemperance,  [addiction to drugs] being a person with a substance  use
    17  disorder, a person with a mental health disorder, a person  with  co-oc-
    18  curring  disorder, or a person in recovery, or other cause, has suffered
    19  substantial impairment of [his] their ability to care  for  [his]  their
    20  property;
    21    §  20.  Paragraph  (a) of subdivision 2 of section 5 of chapter 274 of
    22  the laws of 1946, constituting the emergency housing rent  control  law,
    23  as amended by section 16 of part Q of chapter 39 of the laws of 2019, is
    24  amended to read as follows:
    25    (a)  the landlord seeks in good faith to recover possession of a hous-
    26  ing accommodation because of immediate and compelling necessity for [his
    27  or her] their own personal use and  occupancy  as  [his  or  her]  their
    28  primary  residence  or  for  the use and occupancy of [his or her] their
    29  immediate family as their primary  residence;  provided,  however,  this
    30  subdivision  shall permit recovery of only one housing accommodation and
    31  shall not apply where a member of the household lawfully  occupying  the
    32  housing  accommodation  is  sixty-two  years of age or older, has been a
    33  tenant in a housing accommodation in that building for fifteen years  or
    34  more,  or has an impairment which results from anatomical, physiological
    35  or psychological conditions, other than [addiction] being a person  with
    36  substance use disorder, a person with a mental health disorder, a person
    37  with  co-occurring disorder, or a person in recovery related to alcohol,
    38  gambling,  or  any  controlled  substance,  which  are  demonstrable  by
    39  medically  acceptable clinical and laboratory diagnostic techniques, and
    40  which are expected to be permanent and which  prevent  the  tenant  from
    41  engaging  in any substantial gainful employment; provided, however, that
    42  a tenant required to surrender a housing accommodation under this  para-
    43  graph  shall  have a cause of action in any court of competent jurisdic-
    44  tion for damages, declaratory, and injunctive relief against a  landlord
    45  or  purchaser of the premises who makes a fraudulent statement regarding
    46  a proposed use of the housing accommodation. In any action or proceeding
    47  brought pursuant to this paragraph a prevailing tenant shall be entitled
    48  to recovery of actual damages, and reasonable attorneys' fees; or
    49    § 21. Subdivision a of section 10 of section 4 of chapter 576  of  the
    50  laws  of 1974, constituting the emergency tenant protection act of nine-
    51  teen seventy-four, as amended by section 15 of part Q of chapter  39  of
    52  the laws of 2019, is amended to read as follows:
    53    a.  For  cities having a population of less than one million and towns
    54  and villages, the state division of housing and community renewal  shall
    55  be  empowered  to  implement  this  act by appropriate regulations. Such
    56  regulations may encompass such speculative or manipulative practices  or

        A. 5764                             8
 
     1  renting or leasing practices as the state division of housing and commu-
     2  nity  renewal determines constitute or are likely to cause circumvention
     3  of this act. Such regulations shall prohibit practices which are  likely
     4  to prevent any person from asserting any right or remedy granted by this
     5  act,  including  but  not limited to retaliatory termination of periodic
     6  tenancies and shall require owners to grant a new one or two year vacan-
     7  cy or renewal lease at the option of the tenant, except where a mortgage
     8  or mortgage commitment existing as of the local effective date  of  this
     9  act  provides that the owner shall not grant a one-year lease; and shall
    10  prescribe standards with respect to the terms and conditions of new  and
    11  renewal  leases,  additional  rent  and such related matters as security
    12  deposits, advance rental payments, the use of escalator clauses in leas-
    13  es and provision for increase in rentals for garages and other ancillary
    14  facilities, so as to ensure that the level of rent  adjustments  author-
    15  ized  under  this  law  will  not be subverted and made ineffective. Any
    16  provision of the regulations permitting an owner to refuse  to  renew  a
    17  lease on grounds that the owner seeks to recover possession of a housing
    18  accommodation  for  [his  or her] their own use and occupancy or for the
    19  use and occupancy of [his or her] their immediate  family  shall  permit
    20  recovery  of only one housing accommodation, shall require that an owner
    21  demonstrate immediate and compelling need and that the housing  accommo-
    22  dation  will  be the proposed occupants' primary residence and shall not
    23  apply where a member of the housing accommodation is sixty-two years  of
    24  age  or  older,  has  been  a  tenant in a housing accommodation in that
    25  building for fifteen years or more, or has an impairment  which  results
    26  from  anatomical,  physiological or psychological conditions, other than
    27  [addiction] being a person with a substance use disorder, a person  with
    28  a  mental  health  disorder,  a  person with co-occurring disorder, or a
    29  person in recovery related  to  alcohol,  gambling,  or  any  controlled
    30  substance,  which  are demonstrable by medically acceptable clinical and
    31  laboratory diagnostic techniques, and which are expected to be permanent
    32  and which prevent the tenant from engaging in  any  substantial  gainful
    33  employment;  provided,  however,  that  a tenant required to surrender a
    34  housing accommodation under this  subdivision  shall  have  a  cause  of
    35  action  in any court of competent jurisdiction for damages, declaratory,
    36  and injunctive relief against a landlord or purchaser  of  the  premises
    37  who makes a fraudulent statement regarding a proposed use of the housing
    38  accommodation.  In  any  action  or  proceeding brought pursuant to this
    39  subdivision a prevailing tenant shall be entitled to recovery of  actual
    40  damages, and reasonable attorneys' fees.
    41    §  22. Section 28 of the general construction law, as added by chapter
    42  351 of the laws of 2021, is amended to read as follows:
    43    § 28. Mental disability,  mental  illness,  developmental  disability,
    44  addictive  disorder and addiction disorder. The terms mental disability,
    45  mental  illness,  developmental  disability,  addictive   disorder   and
    46  addiction  disorder  shall  have  the  same  meaning as they are defined
    47  pursuant to section 1.03 of the mental hygiene law.  Hereafter,  in  any
    48  law,  rule,  regulation,  ordinance  or  resolution, person-first terms,
    49  including but not limited to "a person with a substance  use  disorder",
    50  "a  person  with  a mental health disorder", "a person with co-occurring
    51  disorder", or "a person in recovery",  shall  be  used  in  substitution
    52  therefor and with the same force and effect.
    53    § 23. This act shall take effect immediately.
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