NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6210
SPONSOR: Thiele TITLE OF BILL: An act to amend the mental hygiene law, in relation to
the creation of a sober living task force
PURPOSE:
The purpose of this bill is to identify and promote alcohol and drug
free living environments statewide for persons in recovery from a chemi-
cal dependency
SUMMARY OF PROVISIONS:
Section one adds a new section, 19.04, to the mental hygiene law, there-
by establishing the sober living task force. The task force will be
charged with establishing best practice guidelines for sober living
residences that illustrate the most appropriate and effective environ-
ment for persons recovering from a chemical dependency. The task force
must report to the legislature no later than one year after the effec-
tive date of this act.
JUSTIFICATION:
Stable and safe alcohol and drug free housing promotes long term recov-
ery for individuals suffering from a chemical dependency. Inappropriate
housing or a lack of housing has the potential to be a serious obstacle
to an individuals' goal towards long term recovery. Often, individual's
seeking help are discharged from an in-patient treatment facility after
a short stay, and are left with no suitable place to go. Unfortunately,
in New York state, and across the country, there is a lack of appropri-
ate housing for these individuals.
New York is currently restricted in our ability to regulating the sober
homes that are operating in our state. The federal Fair Housing Amend-
ment Act prohibits the state from regulating the housing of individuals
in recovery, unless the state can prove, using reliable studies and
evidence, that: (1) regulation of such housing serves a legitimate
governmental interest, (2) the regulations are the least restrictive way
to advance that legitimate interest, and that (3) the regulation bene-
fits the person in recovery. Federal courts have continually struck down
any attempt to regulate sober housing, citing the need for the above
burdens to be met.
By establishing a task force of highly qualified individuals to study
this issue, collect evidence, and submit a report containing recommenda-
tions, the legislature will be better equipped to determine the most
appropriate way to support individuals in recovery with regard to their
housing needs. Further, if the task force determines that regulation,
certification, or licensure of sober housing is in the best interest of
those in recovery, the state will have the evidence it needs to with-
stand a federal Fair Housing Act claim.
LEGISLATIVE HISTORY:
2015-16: A.7933/S.3989A
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
6210
2017-2018 Regular Sessions
IN ASSEMBLY
February 27, 2017
___________
Introduced by M. of A. THIELE, MURRAY, PALUMBO, GALEF -- read once and
referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to the creation of a
sober living task force
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 19.04 to read as follows:
3 § 19.04 Sober living task force.
4 1. Definitions. As used in this section:
5 "Sober living residence" shall mean any residence located in New York
6 state where the owner or operator of such residence holds the residence
7 out to the public as an alcohol and drug free living environment for
8 persons recovering from a chemical dependency, where no formal treatment
9 services are provided on-site.
10 2. The sober living task force is hereby created, which pursuant to
11 the provisions of this section, shall establish best practice guidelines
12 for sober living residences that illustrate the most appropriate and
13 effective environment for persons recovering from a chemical dependency.
14 3. The task force shall study and utilize reliable evidence and infor-
15 mation collected from organizations and programs both in New York state
16 and throughout the country to:
17 (a) Document the number of sober homes operating in the state;
18 (b) Issue recommendations and guidelines establishing best practices
19 for sober living residences in order to provide an alcohol and drug free
20 sober living environment, with a focus on least restrictive means of
21 benefiting the person in recovery;
22 (c) Study and issue findings regarding health and safety concerns
23 related to the occupancy and operation of sober living residences for
24 the person in recovery;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00842-01-7
A. 6210 2
1 (d) Study and issue findings regarding the impacts of occupancy and
2 operation of sober living residences on neighborhoods and surrounding
3 areas;
4 (e) Issue recommendations on the feasibility of licensing, regulating,
5 registering or certifying sober living residences in New York state; and
6 (f) Issue recommendations for any other program or policy initiative
7 that the task force deems relevant.
8 4. (a) The members of the task force shall include the commissioner or
9 his or her designee; the commissioner of the office of mental health or
10 his or her designee; the commissioner of the office of temporary and
11 disability assistance or his or her designee; the commissioner of the
12 office of homes and community renewal or his or her designee; two
13 members appointed by the temporary president of the senate; two members
14 appointed by the speaker of the assembly; and two members appointed by
15 the governor. The commissioner shall be designated the chairperson of
16 such task force and shall select a vice-chairperson and a secretary from
17 the designees appointed by the legislature or the governor;
18 (b) The members of the task force shall receive no compensation for
19 their services but shall be reimbursed for expenses actually and neces-
20 sarily incurred in the performance of their duties;
21 (c) No civil action shall be brought in any court against any member
22 of the sober living task force for any act or omission necessary to the
23 discharge of his or her duties as a member of the task force, except as
24 provided herein. Such member may be liable for damages in any such
25 action if he or she failed to act in good faith and exercise reasonable
26 care. Any information obtained by a member of the task force while
27 carrying out his or her duties as prescribed in subdivision three of
28 this section shall only be utilized in their capacity as a member of the
29 task force.
30 5. No later than one year after the effective date of this section,
31 the task force shall provide a report containing the results of the
32 study, including evidence used as a basis in making such report, and its
33 recommendations, if any, together with drafts of legislation necessary
34 to carry out its recommendations by filing said report, documentation,
35 and draft legislation, with the governor, the temporary president of the
36 senate, the minority leader of the senate, the speaker of the assembly,
37 and the minority leader of the assembly. The task force shall also make
38 the report, documentation, and draft legislation public by posting a
39 copy on the website maintained by the office.
40 § 2. This act shall take effect immediately.
