§ 26-1201 Improperly conditioning residential occupancy on medical treatment.
AC § 26-1201
a. Definitions. As used in this chapter: Dwelling unit. The term "dwelling unit" has the meaning ascribed to such term in the housing maintenance code. Medical treatment. The term "medical treatment" means any medical care, whether or not such care is provided by a licensed medical practitioner, including but not limited to any activity intended to further examination, diagnosis, counseling, physical or psychotherapy, preventive care, prescription or administration of medication, prescription or administration of prostheses, surgery, referral to a medical provider, any procedure to cure or abate any injury, illness, physical or mental condition or any treatment for substance abuse addiction. Relative. The term "relative" means, with respect to a person, (i) a spouse, domestic partner, parent, grandparent, child, stepchild or stepparent of such person or (ii) any individual who is the direct descendant of the grandparents of such person or of the spouse or domestic partner of such person. b. It shall be unlawful for a person to condition occupancy of a dwelling unit or any term, benefit or right of such occupancy upon a lawful occupant seeking, receiving or refraining from submitting to medical treatment unless such person can establish that: 1. Each such occupant is a relative of such person; or 2. Such medical treatment is required in connection with one or more of the following programs, provided that such programs are currently licensed or certified by and in good standing with the appropriate government agency: (i) medically managed withdrawal and stabilization services as defined in section 816.4 of title 14 of the New York codes, rules and regulations; (ii) inpatient medically supervised withdrawal and stabilization services as defined in section 816.4 of title 14 of the New York codes, rules and regulations; (iii) chemical dependence residential rehabilitation services for youth established by part 817 of title 14 of the New York codes, rules and regulations; (iv) chemical dependence inpatient rehabilitation services established by part 818 of title 14 of the New York codes, rules and regulations; (v) intensive residential rehabilitation services established by section 819.8 of title 14 of the New York codes, rules and regulations; (vi) adult-care facilities as defined in section 485.2 of title 18 of the New York codes, rules and regulations; (vii) enriched housing programs as defined in section 488.2 of title 18 of the New York codes, rules and regulations; (ix) assisted living programs as defined in section 494.2 of title 18 of the New York codes, rules and regulations; (x) residential treatment facilities for children and youth established by part 584 of title 14 of the New York codes, rules and regulations; (xi) crisis residences as defined in section 589.4 of title 14 of the New York codes, rules and regulations; (xii) hospitals, nursing homes, and residential health care facilities as defined in section 2801 of the public health law; and (xiii) any other program regulated by state or federal law or rule that affirmatively permits conditioning occupancy, or any term, benefit or right thereof, upon seeking, receiving, or refraining from submitting to medical treatment. (L.L. 2017/015, 2/15/2017, eff. 5/16/2017)
