Amd §§41.33, 41.41 & 41.44, Ment Hyg L; add §713-b, RPAP L
Relates to the discharge of residents of a community residence; provides that nothing shall be deemed construed as creating a relationship of landlord and tenant between an operator of a community residence and a resident; defines community residence.
STATE OF NEW YORK
________________________________________________________________________
4291
2025-2026 Regular Sessions
IN SENATE
February 3, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health
AN ACT to amend the mental hygiene law and the real property actions and
proceedings law, in relation to discharge of residents of a community
residence
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 41.33 of the mental hygiene law, as amended by
2 chapter 298 of the laws of 1984, is amended to read as follows:
3 § 41.33 Community residences for the mentally disabled.
4 The commissioner shall have the power to operate or cause to be oper-
5 ated community residential facilities for the mentally disabled.
6 Notwithstanding any contrary provision of law, nothing contained in this
7 section shall be construed as creating a relationship of landlord and
8 tenant between an operator of a community residence and a resident ther-
9 eof. Within amounts available therefor and subject to regulations estab-
10 lished by [him] such commissioner and notwithstanding any other
11 provisions of this article, [he] such commissioner may provide state aid
12 to local governments and to voluntary agencies (i) in an amount not to
13 exceed fifty percent for acquisition or construction of such community
14 residences, and (ii) in an amount not to exceed fifty percent for the
15 total operating costs of community residences except community resi-
16 dences for the mentally ill. Such state aid to voluntary agencies shall
17 not be granted unless there has been prior approval of the proposed
18 community residence by the local governmental unit.
19 § 2. Section 41.41 of the mental hygiene law is amended by adding a
20 new subdivision 3 to read as follows:
21 3. Notwithstanding any contrary provision of law, nothing contained
22 in this section shall be construed as creating a relationship of land-
23 lord and tenant between an operator of a community residence and a resi-
24 dent thereof.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07985-01-5
S. 4291 2
1 § 3. Section 41.44 of the mental hygiene law is amended by adding a
2 new subdivision (h) to read as follows:
3 (h) Notwithstanding any contrary provision of law, nothing contained
4 in this section shall be construed as creating a relationship of land-
5 lord and tenant between an operator of a community residence and a resi-
6 dent thereof.
7 § 4. The real property actions and proceedings law is amended by
8 adding a new section 713-b to read as follows:
9 § 713-b. Special requirements for discharge of residents from commu-
10 nity residences or termination of residency agreements. 1. For purposes
11 of this section, a "community residence" shall mean a community resi-
12 dence as defined in subdivision twenty-eight of section 1.03 of the
13 mental hygiene law.
14 2. Notwithstanding any contrary provisions of law, nothing contained
15 in this article shall be construed as creating a relationship of land-
16 lord and tenant between an operator of a community residence and a resi-
17 dent thereof, and discharge of a resident from a community residence or
18 termination of a residency agreement shall be in accordance with the
19 laws, regulations and procedures of the office of mental health or the
20 office for people with developmental disabilities, as applicable.
21 § 5. This act shall take effect immediately.
