N.Y. Mental Hygiene Law Section 41.38
Rental and mortgage payments of community residential facilities for the mentally ill

(a)

“Supportive housing” shall mean, for the purpose of this section only, the method by which the commissioner contracts to provide rental support and funding for non-clinical support services in order to maintain recipient stability.

(b)

Notwithstanding any inconsistent provision of this article, the commissioner may reimburse voluntary agencies for the reasonable cost of rental of or the reasonable mortgage payment or the reasonable principal and interest payment on a loan for the purpose of financing an ownership interest in, and proprietary lease from, an organization formed for the purpose of the cooperative ownership of real estate, together with other necessary costs associated with rental or ownership of property, for a community residence, a residential care center for adults, or supportive housing, under their jurisdiction less any income received from a state or federal agency or third party insurer which is specifically intended to offset the cost of rental of the facility or housing a client at the facility, subject to the availability of appropriations therefor and such commissioner’s certification of the reasonableness of the rental cost, mortgage payment, principal and interest payment on a loan as provided in this section or other necessary costs associated with rental or ownership of property, with the approval of the director of the budget.

Source: Section 41.38 — Rental and mortgage payments of community residential facilities for the mentally ill, https://www.­nysenate.­gov/legislation/laws/MHY/41.­38 (updated Apr. 22, 2022; accessed Jan. 10, 2026).

41.01
Declaration of purpose 41.03
Definitions 41.04
Responsibilities of commissioners of the offices 41.05
Local governmental unit 41.07
Provision of services by the local governmental unit 41.09
Director 41.10
State conference of local mental hygiene directors 41.11
Composition of boards 41.13
Powers and duties of local governmental units 41.15
Approved plans and state aid 41.16
Local planning 41.17
State and local coordination 41.18
Local services plan 41.24
Study on alternative to net deficit funding 41.25
Fees 41.27
State aid procedures 41.29
Liability of local government 41.31
Publication of records 41.32
Transitional provisions for local assistance funding of federally funded demonstration projects for treatment of alcoholics 41.33
Community residences for the mentally disabled 41.34
Site selection of community residential facilities 41.35
Demonstration programs 41.36
Community residential facilities 41.37
Community residence and residential treatment facility for children and youth development grants 41.38
Rental and mortgage payments of community residential facilities for the mentally ill 41.39
Vocational programs 41.40
Small community residential facilities 41.40*2
Respite services 41.41
Rights of persons with developmental disabilities 41.42
Family support programs 41.43
Family support services 41.44
Community residential services for the mentally ill 41.45
Development grants for residential care centers for adults 41.46
Disclosure by members, officers and employees 41.47
Community support services program 41.48
Real property acquisition options 41.49
Adolescent suicide prevention program 41.49*2
Community based mental health services for seriously emotionally disturbed children 41.50
Development grants for comprehensive psychiatric emergency programs 41.51
State aid for costs of comprehensive psychiatric emergency programs 41.52
Community residential services for alcoholism 41.53
Community residence development grants for alcoholism services 41.54
Roles and responsibilities of certain board members 41.54*2
Employee assistance programs 41.55
Community mental health support and workforce reinvestment program 41.57
Compulsive gambling education and treatment program
Green check means up to date. Up to date

Verified:
Jan. 10, 2026

Last modified:
Apr. 22, 2022

§ 41.38. Rental & mortgage payments of community residential facilities for the mentally ill's source at nysenate​.gov

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