In 1978, New York took a step in prioritizing the needs of vulnerable individuals by passing the Padavan Law. This law exempted group homes for those with mental health diagnoses from local regulations that prohibited unrelated people from living together in residential areas. The Padavan Law allowed individuals with mental health challenges or intellectual disabilities to remain in their communities rather than being confined to institutions. It was a successful and necessary policy.
Fast forward 45 years, and a new target has emerged for NIMBYs (those who say “Not in My Back Yard”): substance use disorder clinics. Unfortunately, there is currently no law similar to Padavan to prevent them from blocking these clinics from their neighborhoods. It is now up to us to take action.
The Albany County Legislature is prepared to vote on Local Law F. At first glance, it may seem unbiased, but just like the restrictive zoning laws that prompted the Padavan Law, it is designed to assist NIMBYs in keeping things they deem unsightly out of their neighborhoods. Even worse, this law would undermine efforts to combat the overdose epidemic.
The bill specifically targets addiction care providers by requiring a public notification process that is set up to fail. It mandates that a long list of officials, including mayors, town boards, state representatives, and even principals, be notified via certified mail within 10 days when the county Department of Mental Health receives an application for a new substance use disorder clinic. These officials then have a 60-day period to offer their comments. If a public meeting is held regarding the clinic, the same officials must be alerted via certified mail again within five days.
Proponents of the bill argue, “What’s wrong with notification? The public has a right to know.” However, do not be deceived: this is not about notification, but rather about preventing the construction of clinics in areas that find them unsightly.
The bill demands that the county notify numerous elected officials, all of whom may face pressure from their constituents to oppose the clinic. Politicians, who are often concerned with maintaining their positions, are highly susceptible to this pressure. Furthermore, the bill intentionally creates obstacles for new clinics, making it likely that they will fail to meet the notification requirements. This sets the stage for a lawsuit brought by elected officials who have a potential stake in blocking the application, as well as constituents who would encourage them to do so.
History does not repeat itself exactly, but it often bears similarities.
Local Law F would further complicate the already burdensome process of opening new substance use disorder clinics during a time of unprecedented crisis. According to the U.S. Department of Health and Human Services, 1 in 4 Americans aged 18 to 25 has a substance use disorder, affecting people from all races, genders, and social classes. Local Law F would ensure that new substance use disorder clinics only open in areas where people lack the time and organization to oppose them, concentrating clinics in underprivileged neighborhoods and leaving large portions of the state without access to treatment. However, the harsh reality is that we need clinics everywhere, and we need them immediately.
Do not allow the NIMBYs to succeed. Contact your county legislator and urge them to vote “no” on Local Law F.
Colin E. McNamara is the deputy director of the Center for Law and Justice in Albany.
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