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.