NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5277
SPONSOR: Hevesi (MS) TITLE OF BILL:
An act to amend the general business law, in relation to improving the
operation of sober living homes and to establish and enforce regulations
pertaining to such homes; to amend the mental hygiene law, in relation
to the certification of sober living homes; and to amend the social
services law, in relation to sober living homes
PURPOSE:
To improve the operation of sober living homes located within Suffolk
County.
SUMMARY OF PROVISIONS:
Section 1 contains the declaration of findings and legislative intent.
Section 2 amends the general business law to provide for the definition
of a sober living home in Suffolk County. It further provides that no
owner, operator, or landlord may hold themselves out or advertise to lie
a "sober living home" in Suffolk county unless they are certified as
such.
Section 3 amends the mental hygiene law Jay adding a new article 21
entitled "Certification of Sober Living Homes". This new article
provides for a certification process and fees, details circumstances
under which a certificate can be revoked, and outlines inspection and
violation procedures.
Section 4 amends the social services law to ensure that all recipients
of public assistance, who reside in sober living homes, live in housing
accommodations that are in compliance with all applicable building
codes, ordinances, and regulations, with reasonable accommodations
provided pursuant to the Federal Fair Housing Act.
Section 5 amends the social services law to provide that in the event
there are any outstanding violations of law in respect to the sober
living home, a public welfare official may withhold a portion of any
payment comprising rent, which is made on behalf of a sober living home
resident.
JUSTIFICATION:
A sober living home is intended to provide affordable, drug and alcohol
free environments, for persons who are enrolled in out-patient treatment
or recovering from a drug or alcohol addiction. The mission of a sober
living home is to promote recovery and allow individuals to become self-
supporting; in order to meet this mission, residents must be afforded a
safe, sanitary, and secure environment.
There are far too many sober living home operators in Suffolk county who
fail to provide the atmosphere necessary for residents to be successful.
While there certainly are some well-run sober living homes that truly
aim to assist those in recovery, many of these homes are often over-
crowded, drug and alcohol infested, unsanitary, and incompetently
managed. In order to ensure that appropriate living standards are being
maintained, regulations pertaining to the operation of sober living
homes must be established and enforced.
LEGISLATIVE HISTORY:
A.6791 (2013-2014)
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Effective one year after it shall become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.
