N.Y. Comp. Codes R. & Regs. tit. 14 § 860.9

Current through Register Vol. 46, No. 53, December 31, 2024

Section 860.9 - Resident Rights and Obligations

Residents of certified recovery residences shall retain rights as established in a residency agreement, or equivalent document, in accordance with applicable New York State law(s), including but not limited to the New York State Real Property Actions and Proceedings Law.

(a) Certified recovery residences are required to provide residents with:

(1) a residency agreement, or equivalent document;

(2) copies of all documents signed by the resident;

(3) copies of all policies and procedures related to resident behavior and expectations;

(4) access to all other policies and procedures of the certified recovery residence; and

(5) a residence that is safe, sanitary, and habitable.

(b) Certified recovery residences shall establish resident governance structures to allow residents reasonable involvement in the governance and management of the certified recovery residence.

(c) Residents shall have the right to access healthcare, community resources, and social support services, including mental health and substance use disorder treatment services (including MAT), from the provider of their choosing. The certified recovery residence may not require an individual to attend or prohibit the individual from attending specific programs or services, or take medications lawfully prescribed or dispensed.

(d) Residents shall have the right to pursue employment in establishments of their choosing that are not affiliated with the operator of the recovery residence in which they reside.

(e) Certified recovery residences shall support residents in developing and self-directing their personal recovery plan in a timely fashion, in order to take positive steps in recovery while building recovery capital. Certified recovery residences shall support residents in reviewing their plans at regular intervals, as well as updating the plans when goals are met, or new goals identified.

(f) Certified recovery residences shall require residents to reside in an environment that is free from alcohol and illicit controlled substances.

(g) Certified recovery residences shall not deny residency to an individual who meets resident eligibility criteria based solely on, but not limited to:

(1) prior treatment history;

(2) referral source;

(3) pregnancy;

(4) history of contact with the criminal justice system;

(5) HIV status;

(6) physical or mental disability;

(7) actual or perceived gender or gender identity;

(8) actual or perceived sexual orientation;

(9) national origin;

(10) race or ethnicity;

(11) language;

(12) culture;

(13) marital status;

(14) military status;

(15) familial status;

(16) religion;

(17) age;

(18) lawful source of income; or

(19) use of medications for the treatment of a medical, mental health or substance use disorder, including prescribed MAT.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 860.9

Adopted New York State Register September 25, 2024/Volume XLVI, Issue 39, eff. 9/25/2024