New York Consolidated Laws

N.Y. Social Services Law § 461 (2026)

Responsibility for standards

✓ current as of May 2026

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§  461.  Responsibility for standards.  1.  The department shall
promulgate and may alter or amend regulations effectuating the
provisions of this title, including but not limited to establishing
fiscal, administrative, architectural, safety, nutritional and program
standards which apply to all adult care facilities subject to its
inspection and supervision.  Such regulations may be promulgated,
altered or amended only after consultation with the board of social
welfare, department of mental hygiene, health department and office for
the aging.
  2.  In addition to those standards established pursuant to regulations
under subdivision one hereof, the department of mental hygiene may
propose any supplementary standards relating to the necessity for and
content of programs designed to protect the health and well-being of
mentally disabled persons, as defined in the mental hygiene law, which
shall apply to any facility which cares for a significant number of such
persons.  The promulgation by the department of any regulations adopting
such supplementary standards shall be subject to the approval of the
department of mental hygiene.
  3. Nothing contained within this title shall prohibit an operator of
any adult care facility from exceeding the requirements of this title or
the regulations of the department which effectuate the provisions of
this title.

Notes of Decisions

Cited in 3 cases, 1994–2011 · 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). “Finally, Plaintiffs assert that they were owed rents pursuant to N.Y. Social Services Law § 461 — f(4)(b), which guarantees that a receiver appointed by DOH shall pay a “reasonable monthly rental for the facility.”

Henry v. Isaac, 214 A.D.2d 188 (N.Y. App. Div. 1995). “Pursuant to statutory authorization, DSS has promulgated regulations applicable to all adult care facilities subject to its supervision *190 (Social Services Law § 461 [1]). These regulations establish minimum standards of care for the residents and mandate that certain services…”

Perales v. Bielecki, 210 A.D.2d 466 (N.Y. App. Div. 1994). “The purpose of Social Services Law § 460 et seq., is to ensure that residential facilities, which provide special services and care to mentally disabled adults, maintain certain standards to protect the health and well-being of the residents (see, Social Services Law § 461; 18…”

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