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NY S03422

Bill

Status

Engrossed

6/7/2017

Primary Sponsor

Kevin Parker

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Origin

Senate

2017-2018 General Assembly

AI Summary

  • Clarifies that community residence operators and residents do not have a landlord-tenant relationship under New York Mental Hygiene Law sections 41.33, 41.41, and 41.44.

  • Establishes that discharge of residents from community residences or termination of residency agreements must follow procedures established by the Office of Mental Health or Office for People with Developmental Disabilities, not landlord-tenant eviction laws.

  • Defines "community residence" as facilities for the mentally disabled and developmentally disabled as specified in Mental Hygiene Law section 1.03, subdivision 28.

  • Amends Real Property Actions and Proceedings Law to add section 713-b confirming that community residence discharge procedures are governed by mental health/developmental disabilities regulations rather than real property law.

  • Takes effect immediately upon enactment.

Legislative Description

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.

Last Action

referred to mental health

6/19/2018

Committee Referrals

Rules6/19/2018
Mental Health and Developmental Disabilities1/3/2018
Mental Health6/7/2017
Mental Health and Developmental Disabilities1/23/2017

Full Bill Text

No bill text available