N.Y. Mental Hygiene Law Section 41.40
Small community residential facilities

The commissioner of the office for people with developmental disabilities is directed to submit to the governor and the legislature no later than January first, nineteen hundred ninety-one, a report and recommendations of actions necessary to encourage the development of small community residential programs including programs of ten beds or less. Such report and recommendations shall consider:

1.

adequate operating costs associated with such facilities for each geographic region of the state;

2.

a capital reimbursement methodology to promote and facilitate the development of small community residential facilities;

3.

the need for individuals who are severely disabled to live in small community residential facilities; and

4.

the need of local providers of service to make determinations regarding the size, structure and character of new community residential facilities in order to make such facilities compatible with the character of local neighborhoods. * NB There are 2 § 41.40

Source: Section 41.40 — Small community residential facilities, https://www.­nysenate.­gov/legislation/laws/MHY/41.­40 (updated Sep. 22, 2014; accessed Nov. 1, 2025).

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:
Nov. 1, 2025

Last modified:
Sep. 22, 2014

§ 41.40. Small community residential facilities's source at nysenate​.gov

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