New York Consolidated Laws

N.Y. Social Services Law § 460 (2026)

Declaration of policy and statement of purpose

✓ current as of May 2026

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§ 460. Declaration of policy and statement of purpose. Residential
care programs for adults and children of the highest quality,
efficiently produced and properly utilized at a reasonable cost, are a
matter of vital concern to the people of this state. In order to more
effectively protect and assure the life, health, safety and comfort of
adults and children who must be cared for away from their own homes, the
department of social services acting directly or through social services
districts, and with the cooperation of other state agencies, shall have
the comprehensive responsibility for the development and administration
of programs, standards and methods of operation, and all other matters
of state policy, with respect to residential care programs for children
and adults and all facilities and agencies, whether public or private,
which are subject to the provisions of this article. For the purposes of
this article, with respect to residential care programs for children,
the term "department" shall mean the office of children and family
services and with respect to residential care programs for adults, the
term shall mean the office of children and family services in relation
to family type homes for adults and residential programs for victims of
domestic violence, the office of temporary and disability assistance in
relation to shelters for adults and shelters for families; and the
department of health in relation to all other residential care programs
for adults.

Notes of Decisions

Cited in 9 cases, 1978–2011 · leading case: TZ Manor, LLC v. Daines, 815 F. Supp. 2d 726 (S.D.N.Y. 2011).

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TZ Manor, LLC v. Daines, 815 F. Supp. 2d 726 (S.D.N.Y. 2011). · cites it 2× “Thus, Plaintiffs had no entitlement to the “reasonable rent” referred to in § 461-f(4)(b). Apart from rent payments, Plaintiffs also argue that Defendants deprived them of their “rights and indicia of ownership, possession and operation of the Adult Home” by “conferr[ing] upon…”

Carrier v. Salvation Army, 667 N.E.2d 328 (NY 1996). “2 The current extensive regulatory scheme was intended to give the Department of Social Services "comprehensive responsibility” for the administration and supervision of residential care facilities, which had previously been shared by a number of State agencies (s ee, Social…”

DeStefano v. Emergency Hous. Grp., Inc., 281 A.D.2d 449 (N.Y. App. Div. 2001). · cites it 3× “EHG alleges that regulation of its operations is preempted by the State, citing, inter alia, Social Services Law §§ 460 through 463-b and 18 NYCRR part 485.”

Henry v. Isaac, 214 A.D.2d 188 (N.Y. App. Div. 1995). “DSS has "the comprehensive responsibility for the development and administration of programs, standards and methods of operation” for adult residential care facilities such as Whitman Home (Social Services Law § 460). Pursuant to statutory authorization, DSS has promulgated…”

Katz v. Blum, 460 F. Supp. 1222 (S.D.N.Y. 1978). “See Social Services Law § 460. To that end, the legislature has constructed a comprehensive scheme of regulation of residential care programs in the State.”

Fischer v. Taub, 127 Misc. 2d 518 (N.Y. App. Term. 1984). “Moreover, in the context of Social Services Law article 7 and in view of the express legislative intent to “assure the life * * * safety and comfort of adults * * * who must be cared for away from their own homes” by regulation of adult care facilities (Social Services Law §…”

Wilkins v. Perales, 128 Misc. 2d 265 (N.Y. Sup. Ct. 1985). “, shelter facilities, of the highest quality (Social Services Law § 460). To this end the DSS has been given the comprehensive responsibility for the development and administration of programs and the implementation of standards of operation for all facilities.”

Adkins v. Bd. of Appeals, 199 A.D.2d 261 (N.Y. App. Div. 1993). “), dated July 8, 1991, which annulled the conditions imposed.”

City of New York v. New York State Div. of the Budget, 160 Misc. 2d 1028 (N.Y. Sup. Ct. 1994). “, shelter facilities, of the highest quality (Social Services Law § 460)” (Wilkins v Perales, 128 Misc 2d 265, 269 , affd 119 AD2d 1018 , lv denied 68 NY2d 612 ).”

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