New York City Council Header
File #: Res 1723-2013    Version: * Name: Amend the Padavan law to provide meaningful guidance on what would be considered such a concentration of community residential facilities that the nature and character of an area would be substantially altered.
Type: Resolution Status: Filed
Committee: Committee on Mental Health, Developmental Disability, Alcoholism, Substance Abuse and Disability Services
On agenda: 4/9/2013
Enactment date: Law number:
Title: Resolution calling upon the New York State Legislature to pass and the Governor to sign legislation that amends the Padavan law to provide meaningful guidance on what would be considered such a concentration of community residential facilities that the nature and character of an area would be substantially altered.
Sponsors: Peter F. Vallone, Jr., Leroy G. Comrie, Jr., Lewis A. Fidler, James F. Gennaro, Vincent J. Gentile, Peter A. Koo, Michael C. Nelson, Deborah L. Rose, Eric A. Ulrich
Council Member Sponsors: 9
Date Ver.Prime SponsorAction ByActionResultAction DetailsMeeting DetailsMultimedia
12/31/2013*Peter F. Vallone, Jr. City Council Filed (End of Session)  Action details Meeting details Not available
4/9/2013*Peter F. Vallone, Jr. City Council Introduced by Council  Action details Meeting details Not available
4/9/2013*Peter F. Vallone, Jr. City Council Referred to Comm by Council  Action details Meeting details Not available
Res. No. 1723
Resolution calling upon the New York State Legislature to pass and the Governor to sign legislation that amends the Padavan law to provide meaningful guidance on what would be considered such a concentration of community residential facilities that the nature and character of an area would be substantially altered.
 
 
By Council Members Vallone, Comrie, Fidler, Gennaro, Gentile, Koo, Nelson, Rose and Ulrich   
 
Whereas, In the 1970s various mental health experts began to blame the deplorable conditions at New York State institutions for the mentally disabled on the large size of such institutions and to recommend that residents of such institutions be moved to community-based residential facilities; and
           Whereas, The effort to move residents of State institutions to community residences was hobbled by opposition from municipalities that had concerns about the effect the new community residences would have on localities; and
          Whereas, To address this issue, New York State passed the Padavan law, which set mandatory procedures for the establishment of community residences for the mentally disabled; and
      Whereas, Under the Padavan law, when a sponsoring agency wishes to establish a community residence it must send a written notification to the chief executive officer of the targeted municipality, including the proposed location of the community residence and a listing of all community residences and institutions located in the surrounding area; and
      Whereas, Within forty days of receipt of the notification, the municipality must either approve the site recommended by the sponsoring agency, suggest a more suitable site within its jurisdiction, or object to the establishment of the facility because it would result in such a concentration of community residential facilities that the nature and character of the area would be substantially altered; and
      Whereas, The Padavan law does not specify what would be considered an over-concentration of community residences that would qualify as substantially altering the "nature and character" of an area; and
Whereas, Since the Padavan law was enacted, no community has ever succeeded on a challenge to the proposed siting of a community residential facility; and
      Whereas, When interpreting the Padavan law, courts have ruled that over-concentration is not enough, and that the dispositive inquiry is how the nature and character of an area would be changed by the establishment of the proposed facility; and  
      Whereas, Case law suggests that lowered home values and the loss of real property tax revenues do not amount to a substantial alteration of the nature and character of an area, but provides no guidance on what would be considered a substantial alteration; and
Whereas, The Padavan law has led to some communities having a high concentration of community residential facilities and some having none at all; and
Whereas, To be meaningful, the Padavan law should offer more specific standards for determining when the nature and character of a community would be substantially altered by the addition of a community residence; now, therefore, be it
Resolved, That the Council of the City of New York calls upon the New York State Legislature to pass and the Governor to sign legislation that amends the Padavan law to provide meaningful guidance on what would be considered such a concentration of community residential facilities that the nature and character of an area would be substantially altered.
JW
LS# 4410
3/27/13