New York S 4291: Relates to the water resources planning council

Bill Text

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S04291 Summary:

BILL NOS04291 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSRSUTTON

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MLTSPNSR

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Amd §§41.33, 41.41 & 41.44, Ment Hyg L; add §713-b, RPAP L

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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.

Go to top S04291 Actions:

BILL NOS04291 

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02/03/2025REFERRED TO MENTAL HEALTH

05/21/20251ST REPORT CAL.1271

05/22/20252ND REPORT CAL.

05/27/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

01/07/2026REFERRED TO MENTAL HEALTH

Go to topS04291 Committee&nbspVotes:

Go to topS04291 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04291 Text:

 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 b