S T A T E O F N E W Y O R K
________________________________________________________________________
4502
2013-2014 Regular Sessions
I N A S S E M B L Y
February 5, 2013
___________
Introduced by M. of A. RAIA, FINCH, McDONOUGH, STEVENSON -- Multi-Spon-
sored by -- M. of A. CROUCH, THIELE -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to requiring munici-
pal approval of community residential facility site selection and to
require a public hearing on such siting and to amend the real property
tax law, in relation to removing the tax exemption for community resi-
dences
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (c) of section 41.34 of the mental hygiene law,
2 as amended by chapter 1024 of the laws of 1981, subparagraph (C) of
3 paragraph 1 as amended by chapter 823 of the laws of 1992 and paragraph
4 5 as amended by chapter 37 of the laws of 2011, is amended to read as
5 follows:
6 (c) (1) When a site has been selected by the sponsoring agency, it
7 shall notify the chief executive officer of the municipality in writing
8 and include in such notice the specific address of the site, the type of
9 community residence, the number of residents and the community support
10 requirements of the program. Such notice shall also contain the most
11 recently published data compiled pursuant to [section four hundred
12 sixty-three of] the social services law which can reasonably be expected
13 to permit the municipality to evaluate all such facilities affecting the
14 nature and character of the area wherein such proposed facility is to be
15 located. The municipality shall [have forty days after the receipt of
16 such notice to:
17 (A) approve the site recommended by the sponsoring agency;
18 (B) suggest one or more suitable sites within its jurisdiction which
19 could accommodate such a facility; or
20 (C) object to the establishment of a facility of the kind described by
21 the sponsoring agency because to do so would result in such a concen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05169-01-3
A. 4502 2
1 tration of community residential facilities for the mentally disabled in
2 the municipality or in the area in proximity to the site selected or a
3 combination of such facilities with other community residences or simi-
4 lar facilities licensed by other agencies of state government, including
5 all community residences, intermediate care facilities, residential care
6 facilities for adults and residential treatment facilities for individ-
7 uals with mental illness or developmental disabilities operated pursuant
8 to article sixteen or article thirty-one of this chapter and all similar
9 residential facilities of fourteen or less residents operated or
10 licensed by another state agency, that the nature and character of the
11 areas within the municipality would be substantially altered.
12 Such response shall be forwarded to the sponsoring agency and the
13 commissioner. If the municipality does not respond within forty days,
14 the sponsoring agency may establish a community residence at a site
15 recommended in its notice.
16 (2) Prior to forwarding a response to the sponsoring agency and the
17 commissioner, the municipality may hold a public hearing pursuant to
18 local law.
19 (3) If the municipality approves the site recommended by the sponsor-
20 ing agency, the sponsoring agency shall seek to establish the facility
21 at the approved site.
22 (4) If the site or sites suggested by the municipality are satisfac-
23 tory with regard to the nature, size and community support requirements
24 of the program of the proposed facility and the area in which such site
25 or sites are located does not already include an excessive number of
26 community residential facilities for the mentally disabled or similar
27 facilities licensed by other state agencies, the sponsoring agency shall
28 seek to establish its facility at one of the sites designated by the
29 municipality.
30 If the municipality suggests a site or sites which are not satisfac-
31 tory to the sponsoring agency, the agency shall so notify the munici-
32 pality which shall have fifteen days to suggest an alternative site or
33 sites for the proposed community residential facility.
34 (5) In the event the municipality objects to establishment of a facil-
35 ity in the municipality because to do so would result in such a concen-
36 tration of community residential facilities for persons with mental
37 disabilities or combination of such facilities and other facilities
38 licensed by other state agencies that the nature and character of areas
39 within the municipality would be substantially altered; or the sponsor-
40 ing agency objects to the establishment of a facility in the area or
41 areas suggested by the municipality; or in the event that the munici-
42 pality and sponsoring agency cannot agree upon a site, either the spon-
43 soring agency or the municipality may request an immediate hearing
44 before the commissioner to resolve the issue. The commissioner shall
45 personally or by a hearing officer conduct such a hearing within fifteen
46 days of such a request.
47 In reviewing any such objections, the need for such facilities in the
48 municipality shall be considered as shall the existing concentration of
49 such facilities and other similar facilities licensed by other state
50 agencies in the municipality or in the area in proximity to the site
51 selected and any other facilities in the municipality or in the area in
52 proximity to the site selected providing residential services to a
53 significant number of persons who have formerly received in-patient
54 mental health services in facilities of the office of mental health or
55 the office for people with developmental disabilities. The commissioner
56 shall sustain the objection if he determines that the nature and charac-
A. 4502 3
1 ter of the area in which the facility is to be based would be substan-
2 tially altered as a result of establishment of the facility. The commis-
3 sioner shall make a determination within thirty days of the hearing]
4 CONDUCT A PUBLIC HEARING CONCERNING THE LOCATION OF SUCH FACILITY WITHIN
5 THIRTY DAYS OF RECEIPT OF SUCH NOTICE.
6 (2) WITHIN NINETY DAYS THE MUNICIPALITY SHALL APPROVE OR REJECT THE
7 SITING OF SUCH FACILITY AND SUCH APPROVAL OR REJECTION SHALL BE
8 FORWARDED TO THE COMMISSIONER. UPON DENIAL OF SUCH SITE BY THE MUNICI-
9 PALITY, THE SPONSORING AGENCY MUST WITHDRAW ITS PLANS FOR SUCH SITE AND
10 MAY NOT SUBMIT PLANS FOR SUCH SITE AGAIN FOR AT LEAST ONE YEAR.
11 S 2. Paragraph (a) of subdivision 1 of section 422 of the real proper-
12 ty tax law, as amended by chapter 409 of the laws of 1993, is amended to
13 read as follows:
14 (a) Real property owned by a not-for-profit corporation organized
15 pursuant to the not-for-profit corporation law and the provisions of
16 article two of the private housing finance law, used exclusively to
17 provide housing and auxiliary facilities for faculty members, students,
18 employees, nurses, interns, resident physicians, researchers and other
19 personnel and their immediate families in attendance or employed at
20 colleges, universities, educational institutions, child care insti-
21 tutions, hospitals and medical research institutes, or for handicapped
22 or aged persons of low income, or owned by non-profit nursing home
23 companies organized pursuant to the not-for-profit corporation law and
24 the provisions of article twenty-eight-A of the public health law, used
25 exclusively to provide facilities for nursing care to sick, invalid,
26 infirm, disabled or convalescent persons of low income, or to provide
27 health-related service as defined in article twenty-eight of the public
28 health law to persons of low income, or any combination of the forego-
29 ing, and in addition thereto, to provide nursing care and health-related
30 service, or either of them, to persons of low income who are not occu-
31 pants of the project, or owned by housing development fund companies
32 organized pursuant to the not-for-profit corporation law and article
33 eleven of the private housing finance law, used exclusively to provide
34 housing for handicapped or aged persons of low income, and financed by a
35 federally-aided mortgage as defined in said article eleven, [or owned by
36 companies organized pursuant to the not-for-profit corporation law and
37 the provisions of article seventy-five of the mental hygiene law, used
38 exclusively to provide care, treatment, training, education and residen-
39 tial accommodations for operation as hostels for the mentally ill or
40 mentally retarded,] or owned by companies organized pursuant to the
41 membership corporations law and the provisions of article seven-A of the
42 private housing finance law, used exclusively to provide programs,
43 services and other facilities for the aging, shall be exempt from taxa-
44 tion and exempt from special ad valorem levies and special assessments
45 to the extent provided in section four hundred ninety of this chapter,
46 provided, however, that in a city having a population of one million or
47 more real property owned by any such corporation which is to provide
48 housing accommodations, substantially all of which are or are to be
49 assisted by rent subsidies made or to be made available by the Federal
50 government pursuant to a contract under section eight of the United
51 States Housing Act of nineteen hundred thirty-seven, as amended, or
52 pursuant to a project rental assistance contract under section two
53 hundred two of the United States Housing Act of nineteen hundred fifty-
54 nine, as amended, or pursuant to a project rental assistance contract
55 under section eight hundred eleven of the National Affordable Housing
56 Act of nineteen hundred ninety, as amended, shall from and after the
A. 4502 4
1 commencement of construction be subject to taxation or exempt therefrom
2 to the extent approved by a municipality acting through its local legis-
3 lative body, as such local legislative body is defined in [paragraph]
4 SUBDIVISION twelve of section two of the private housing finance law. No
5 such corporation or company shall pay a dividend on any of its stock or
6 pay interest on any of its debentures. Provided further, however, in a
7 county having a population of one million or more and having not more
8 than three towns within such county, real property owned by housing
9 development fund companies organized pursuant to the not-for-profit
10 corporation law and article eleven of the private housing finance law,
11 used exclusively to provide housing for handicapped or aged persons of
12 low income, and financed by a federally-aided mortgage as defined in
13 said article eleven shall from and after the commencement of
14 construction be subject to taxation or exempt therefrom to the extent
15 approved by a municipality acting through its local legislative body, as
16 such local legislative body is defined in [paragraph] SUBDIVISION twelve
17 of section two of the private housing finance law. Any tax payments
18 and/or payments in lieu of taxes made to a municipality pursuant to the
19 preceding sentence shall not be passed through nor become the liability
20 of any of the occupants of such property.
21 S 3. This act shall take effect on the first of January next succeed-
22 ing the date on which it shall have become a law.