2010 New York Code
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 41 - (41.01 - 41.57) LOCAL SERVICES
41.41 - Rights of mentally retarded and developmentally disabled.

§ 41.41 Rights of mentally retarded and developmentally disabled.
    1. Each person who resides in a community residence has the same basic
  and  legal  rights as all other persons of the same age. Such rights are
  in no way diminished by the fact that  such  persons  who  are  mentally
  retarded  or  otherwise  developmentally  disabled  live  in a community
  residence.
    2. In order to ensure that such residents are able to lead a  life  of
  dignity,  the  commissioner  shall  include  in  rules  and  regulations
  promulgated for community residence a statement of the rights of persons
  living in such community residences which  shall  include,  but  not  be
  limited to:
    (a)  The right to request an alternative residential setting, either a
  new residence or change in roommates, and to be  involved  in  decisions
  regarding such changes.
    (b)   The   right  to  privacy,  and  sufficient  space  for  personal
  belongings.
    (c) The right to receive visits by families, friends and guardians and
  to make such visits; such right includes the  right  to  privacy  during
  such visits.
    (d) The right to receive and send communications freely.
    (e)  The right to be free from physical or psychological restraints or
  pressure, subject to the provisions of section 33.04 of this chapter.
    (f) The right to engage in appropriate activities although  some  risk
  may be involved.
    (g) The right to a balanced and nutritious diet.
    (h)  The  right  to appropriate medical and dental care and the right,
  either personally or through parents or  guardians,  in  the  choice  of
  physician and dentist.
    (i)  The  right  to  appropriate  clothing for age and season, and the
  right to be involved in the selection.
    (j) The right to meaningful and productive activities  within  his  or
  her capacity.
    (k)  The  right to be informed regularly of their financial status and
  to be provided assistance in the use of their resources, as appropriate.
    (l) The right to the use of their personal money and property.
    (m) The  right  of  access  to  meaningful  recreation  and  community
  programs,  and  the  right  to  participate  in  the  planning  of  such
  activities.
    (n) The right to participate in the religion of their  choice,  on  an
  individual as well as a group basis.
    (o) The right to receive assistance and guidance from staff.
    (p) The right to vote; and the right to participate in activities that
  educate  the  mentally  retarded  and  developmentally disabled in their
  civic responsibilities.
    (q) The right to participate with staff in the establishment of  house
  rules.
    (r)  The  right  of  the  resident,  their parents or guardians, to be
  informed of the resident's rights under  law  and  regulation,  and  the
  guaranty that such rights shall not be abridged.
    (s)  The right of the residents, their parents or guardians to express
  grievances, concerns and suggestions, without fear of reprisal.