New York Consolidated Laws

N.Y. Mental Hygiene Law § 41.36 (2026)

Community residential facilities

✓ current as of May 2026
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§ 41.36 Community residential facilities.
  The commissioner of developmental disabilities shall establish a
procedure, subject to the approval of the state comptroller, whereby
payments in addition to the personal allowance of an individual living
in a community residential facility may be made to providers of services
for one or more of the following needs of individuals residing in such
facilities, limited to two hundred fifty dollars per individual per year
and paid semi-annually in the manner specified by such procedures:
  (a) Replacement of necessary clothing;
  (b) Personal requirements and incidental needs of individuals residing
in the facility;
  (c) Recreational and cultural activities of individuals residing in
the facility. Such payments may be made from monies appropriated to the
office for this purpose. Such payments shall be audited by the office
pursuant to an audit plan approved by the comptroller.
Notes of Decisions
Cited in 1 case, 1997–1997 · leading case: New York State Rehab. Ass'n v. State, 237 A.D.2d 718 (N.Y. App. Div. 1997).
New York State Rehab. Ass'n v. State, 237 A.D.2d 718 (N.Y. App. Div. 1997). “In these comments, NYSRA stated the need for continuation of an appeals mechanism, noted the complete elimination of the appeals process and argued that such action lacked a legal basis, as it was inconsistent with the authorizing statute (see, Mental Hygiene Law § 41.36).…”
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