State Codes and Statutes

Statutes > New-york > Eld > Article-2 > Title-1 > 209

§  209.  Naturally  occurring  retirement community supportive service  program. 1. As used in this section:    (a) "Advisory  committee"  or  "committee"  shall  mean  the  advisory  committee  convened  by  the director for the purposes specified in this  section. Such committee shall be broadly representative of  housing  and  senior citizen groups, and all geographic areas of the state.    (b)  "Older  adults"  shall mean persons who are sixty years of age or  older.    (c)  "Eligible  applicant"  shall   mean   a   not-for-profit   agency  specializing  in housing, health or other human services which serves or  would serve the community within which a naturally occurring  retirement  community is located.    (d) "Eligible services" shall mean services including, but not limited  to:  case  management,  care coordination, counseling, health assessment  and monitoring,  transportation,  socialization  activities,  home  care  facilitation  and monitoring, and other services designed to address the  needs of residents of  naturally  occurring  retirement  communities  by  helping  them  extend their independence, improve their quality of life,  and avoid unnecessary hospital and nursing home stays.    (e) "Government assistance" shall mean and be broadly  interpreted  to  mean  any  monetary  assistance  provided by the federal, the state or a  local government, or any agency thereof,  or  any  authority  or  public  benefit corporation, in any form, including loans or loan subsidies, for  the construction of an apartment building or housing complex for low and  moderate  income  persons,  as such term is defined by the United States  Department of Housing and Urban Development.    (f) "Naturally occurring retirement community" shall mean an apartment  building or housing complex which:    (1) was constructed with government assistance;    (2) was not originally built for older adults;    (3) does not restrict admissions solely to older adults;    (4) at least fifty percent of the units have an  occupant  who  is  an  older  adult  or  in which at least twenty-five hundred of the residents  are older adults; and    (5) a majority of the older adults to be served are  low  or  moderate  income,  as defined by the United States Department of Housing and Urban  Development.    2. A  naturally  occurring  retirement  community  supportive  service  program  is established as a demonstration program to be administered by  the director.    3. The director shall be assisted by the  advisory  committee  in  the  development  of  appropriate  criteria  for the selection of grantees of  funds provided pursuant to  this  section  and  programmatic  issues  as  deemed appropriate by the director.    4.  The  criteria  recommended  by  the  committee  and adopted by the  director for the award of grants shall be consistent with the provisions  of this section and shall include, at a minimum:    (a) the number, size, type and location of the projects to be  served;  provided,  that the committee and director shall make reasonable efforts  to assure that geographic balance in the distribution of  such  projects  is  maintained,  consistent  with  the  needs  to  be addressed, funding  available, applications for eligible applicants, other  requirements  of  this  section,  and  other  criteria  developed  by  the  committee  and  director;    (b) the appropriate number and concentration of older adult  residents  to be served by an individual project; provided, that such criteria need  not  specify, in the case of a project which includes several buildings,  the number of older adults to be served in any individual building;(c) the demographic characteristics of the residents to be served;    (d)  the  financial  or in-kind support required to be provided to the  project  by  the  owners,  managers  and  residents   of   the   housing  development;  provided,  however,  that  such  criteria need not address  whether the funding is public or private, or the source of such support;    (e) the scope and intensity of the services to be provided, and  their  appropriateness  for  the  residents proposed to be served. The criteria  shall not require that the applicant agency be the sole provider of such  services, but shall require that the applicant  at  a  minimum  actively  manage the provision of such services;    (f)  the  experience  and financial stability of the applicant agency,  provided that the criteria shall  require  that  priority  be  given  to  programs already in operation, including those projects participating in  the  resident  advisor  program administered by the office, and enriched  housing programs which meet the requirements of this section  and  which  have  demonstrated to the satisfaction of the director and the committee  their fiscal  and  managerial  stability  and  programmatic  success  in  serving residents;    (g)  the  nature and extent of requirements proposed to be established  for active, meaningful participation for residents proposed to be served  in  project   design,   implementation,   monitoring,   evaluation   and  governance;    (h)  an  agreement  by  the  applicant  to  participate  in  the  data  collection and evaluation  project  necessary  to  complete  the  report  required by this section;    (i) the policy and program roles of the applicant agency and any other  agencies  involved in the provision of services or the management of the  project, including the housing  development  governing  body,  or  other  owners  or managers of the apartment buildings and housing complexes and  the residents of such apartment buildings  and  housing  complexes.  The  criteria  shall  require  a clear delineation of such policy and program  roles;    (j) a requirement that each eligible agency document the need for  the  project  and  financial  commitments  to  it  from  such  sources as the  committee and the director shall deem appropriate  given  the  character  and nature of the proposed project, and written evidence of support from  the  appropriate  housing  development governing body or other owners or  managers of the apartment buildings and housing complexes.  The  purpose  of  such documentation shall be to demonstrate the need for the project,  support for it in  the  areas  to  be  served,  and  the  financial  and  managerial ability to sustain the project;    (k)  a  requirement  that any aid provided pursuant to this section be  matched by an equal amount, in-kind support  of  equal  value,  or  some  combination  thereof  from  other  sources,  provided  that such in-kind  support to be utilized only upon approval from the director and only  to  the  extent  matching  funds  are  not  available,  and  that  at  least  twenty-five percent  of  such  amount  be  contributed  by  the  housing  development  governing body or other owners or managers and residents of  the apartment buildings and housing complexes in which  the  project  is  proposed; and    (l)  the  circumstances under which the director may waive all or part  of the requirement for provision of an  equal  amount  of  funding  from  other  sources  required  pursuant to paragraph (k) of this subdivision,  provided that such criteria shall include provision for  waiver  at  the  discretion  of  the  director  upon  a  finding by the director that the  program will serve a low income or hardship  community,  and  that  such  waiver is required to assure that such community receive a fair share of  the  funding available. The committee shall develop appropriate criteriafor determining  whether  a  community  is  a  low  income  or  hardship  community.    5.  Within  amounts  specifically appropriated therefor and consistent  with the criteria developed and required pursuant to  this  section  the  director  shall  approve grants to eligible applicants in amounts not to  exceed one hundred fifty thousand dollars for a project  in  any  twelve  month period. The director shall not approve more than ten grants in the  first twelve month period after the effective date of this section.    5-a.  The  director  may, in addition recognize neighborhood naturally  occurring retirement communities, or  Neighborhood  NORCs,  and  provide  program  support  within amounts specifically available by appropriation  therefor,  which  shall  be  subject  to  the  requirements,  rules  and  regulations of this section, provided however that:    (a)  the term Neighborhood NORC as used in this subdivision shall mean  and refer to a residential dwelling or group of residential dwellings in  a geographically defined neighborhood of a municipality  containing  not  more  than  two thousand persons who are older adults reside in at least  forty percent of the units and which is made up  of  low-rise  buildings  six  stories  or less in height and/or single and multi-family homes and  which area was not originally developed for older adults, and which does  not restrict admission strictly to older adults;    (b) grants to an eligible Neighborhood NORC  shall  be  no  less  than  sixty thousand dollars for any twelve-month period;    (c)  the  director  shall be assisted by the advisory committee in the  development of criteria for the selection of grants provided pursuant to  this section and  programmatic  issues  as  deemed  appropriate  by  the  director.  The  criteria recommended by the committee and adopted by the  director for the award of grants shall be consistent with the provisions  of this subdivision and shall  include,  at  a  minimum,  the  following  requirements or items of information using such criteria as the advisory  committee and the director shall approve:    (1)  the  number,  size, type and location of residential dwellings or  group of residential dwellings selected as candidates  for  neighborhood  NORCs funding. The director shall make reasonable efforts to assure that  geographic  balance  in  the  distribution of such grants is maintained,  consistent  with  the  needs  to  be   addressed,   funding   available,  applications  from  eligible  applicants, ability to coordinate services  and other requirements of this section;    (2) the appropriate number and concentration of older adult  residents  to  be  served by an individual Neighborhood NORC. The criteria need not  specify the number of older  adults  to  be  served  in  any  individual  building;    (3) the demographic characteristics of the residents to be served;    (4)  a  requirement  that the applicant demonstrate the development or  intent to develop community wide support  from  residents,  neighborhood  associations, community groups, nonprofit organizations and others;    (5)  a  requirement  that  the boundaries of the geographic area to be  served are clear and coherent and create  an  identifiable  program  and  supportive community;    (6) a requirement that the applicant commit to raising matching funds,  in-kind  support,  or  some  combination thereof from non-state sources,  provided that such in-kind support be utilized only upon  approval  from  the  director  and  only to the extent matching funds are not available,  equal to fifteen percent of the state grant in the second year after the  program is approved,  twenty-five  percent  in  the  third  year,  forty  percent  in  the  fourth  year, and fifty percent in the fifth year, and  further commit that in each year, twenty-five percent of  such  required  matching funds, in-kind support, or combination thereof be raised withinthe  community  served.  Such  local  community  matching funds, in-kind  support, or combination thereof shall include but  not  be  limited  to:  dues, fees for service, individual and community contributions, and such  other  funds  as  the  advisory  committee  and  the director shall deem  appropriate;    (7) a  requirement  that  the  applicant  demonstrate  experience  and  financial stability;    (8)  a  requirement that priority in selection be given to programs in  existence prior to the effective date of this subdivision which,  except  for  designation and funding requirements established herein, would have  otherwise generally qualified as a Neighborhood NORC;    (9) a requirement that the applicant conduct or have conducted a needs  assessment on the basis of which  such  applicant  shall  establish  the  nature  and  extent  of  services  to be provided; and further that such  services shall provide a mix of appropriate services that provide active  and meaningful participation for residents;    (10) a requirement that residents to be served shall  be  involved  in  design,  implementation,  monitoring,  evaluation  and governance of the  Neighborhood NORC;    (11) an agreement by the applicant that it  will  participate  in  the  data  collection  and  evaluation  necessary  to  complete the reporting  requirements as established by the director;    (12) the policy and program roles of  the  applicant  agency  and  any  other  agencies  involved in the provision of services or the management  of the Neighborhood NORC, provided that the  criteria  shall  require  a  clear delineation of such policy and program roles;    (13) a requirement that each applicant document the need for the grant  and  financial  commitments  to  it  from  such  sources as the advisory  committee and the director shall deem appropriate  given  the  character  and  nature  of  the  proposed Neighborhood NORC and written evidence of  support from the community;    (14) the circumstances under which the director may waive all or  part  of  the  requirement  for  provision  of an equal amount of funding from  other sources required pursuant to this subdivision, provided that  such  criteria  shall  include  provision  for waiver at the discretion of the  director upon a finding by the director that the Neighborhood NORC  will  serve  a  low  income  or  hardship  community,  and that such waiver is  required to assure that such community  receive  a  fair  share  of  the  funding  available. For purposes of this paragraph, a hardship community  may be one that  has  developed  a  successful  model  but  which  needs  additional  time  to  raise matching funds required herein. An applicant  applying for a hardship exception shall submit a written plan in a  form  and  manner  determined  by the director detailing its plans to meet the  matching funds requirement in the succeeding year;    (15)  a  requirement  that  any  proposed  Neighborhood  NORC   in   a  geographically  defined  neighborhood  of a municipality containing more  than  two  thousand  older  adults  shall   require   the   review   and  recommendation  by  the  advisory committee before being approved by the  director;    (d) on or before March first, two thousand eight, the  director  shall  report to the governor and the fiscal and aging committees of the senate  and  the  assembly concerning the effectiveness of Neighborhood NORCs in  achieving the objectives set forth  by  this  subdivision.  Such  report  shall  address  each  of  the  items  required for Neighborhood NORCs in  achieving the objectives set forth in this section and such other  items  of  information  as  the  director  shall  deem  appropriate,  including  recommendations concerning continuation or modification of the  program,  and any recommendations from the advisory committee.(e)  in providing program support for Neighborhood NORCs as authorized  by this subdivision, the director shall in no event divert  or  transfer  funding  for  grants  or  program  support  from any naturally occurring  retirement community supportive service programs authorized pursuant  to  other provisions of this section.    6.  The  director may allow services provided by a naturally occurring  retirement community supportive service program  or  by  a  neighborhood  naturally  occurring  retirement  community  to also include services to  residents who live in neighborhoods contiguous to the boundaries of  the  geographic  area  served by such programs if: (a) the persons served are  older adults; (b) the services affect the health  and  welfare  of  such  persons;  and  (c)  the services are provided on a one-time basis in the  year in which they are provided, and not in a manner which  is  said  or  intended  to  be  continuous.  The  director  may  also  consent  to the  provision of such services by such program if the program has received a  grant which requires services  to  be  provided  beyond  the  geographic  boundaries of the program. The director shall establish procedures under  which a program may request the ability to provide such services.    7. The director shall promulgate rules and regulations as necessary to  carry out the provisions of this section.    8.  On  or  before  March first, two thousand five, the director shall  report to the governor and the finance committee of the senate  and  the  ways and means committee of the assembly concerning the effectiveness of  the   naturally   occurring  retirement  community  supportive  services  program, other than Neighborhood NORCs, as defined in subdivision five-a  of this section, in achieving the objectives set forth by this  section,  which  include  helping  to  address  the  needs  of  residents  in such  naturally  occurring  retirement  communities,  assuring  access  to   a  continuum  of  necessary services, increasing private, philanthropic and  other public funding for programs, and preventing  unnecessary  hospital  and  nursing  home  stays. The report shall also include recommendations  concerning continuation or modification of the program from the director  and  the  committee,  and  shall  note  any   divergence   between   the  recommendations  of  the  director and the committee. The director shall  provide the  required  information  and  any  other  information  deemed  appropriate  to the report in such form and detail as will be helpful to  the legislature and the governor in determining to extend, eliminate  or  modify the program including, but not limited to, the following:    (a)  the number, size, type and location of the projects developed and  funded, including the number, kinds  and  functions  of  staff  in  each  program;    (b)  the  number, size, type and location of the projects proposed but  not funded, and the reasons for denial of funding for such projects;    (c)  the  age,  sex,  religion  and  other   appropriate   demographic  information concerning the residents served;    (d)  the services provided to residents, reported in such manner as to  allow comparison of services by demographic group and region;    (e) a  listing  of  the  services  provided  by  eligible  applicants,  including the number, kind and intensity of such services; and    (f)  a  listing of other organizations providing services, the number,  kind and intensity of such services, the number  of  referrals  to  such  organizations  and,  to  the  extent  practicable,  the outcomes of such  referrals.

State Codes and Statutes

Statutes > New-york > Eld > Article-2 > Title-1 > 209

§  209.  Naturally  occurring  retirement community supportive service  program. 1. As used in this section:    (a) "Advisory  committee"  or  "committee"  shall  mean  the  advisory  committee  convened  by  the director for the purposes specified in this  section. Such committee shall be broadly representative of  housing  and  senior citizen groups, and all geographic areas of the state.    (b)  "Older  adults"  shall mean persons who are sixty years of age or  older.    (c)  "Eligible  applicant"  shall   mean   a   not-for-profit   agency  specializing  in housing, health or other human services which serves or  would serve the community within which a naturally occurring  retirement  community is located.    (d) "Eligible services" shall mean services including, but not limited  to:  case  management,  care coordination, counseling, health assessment  and monitoring,  transportation,  socialization  activities,  home  care  facilitation  and monitoring, and other services designed to address the  needs of residents of  naturally  occurring  retirement  communities  by  helping  them  extend their independence, improve their quality of life,  and avoid unnecessary hospital and nursing home stays.    (e) "Government assistance" shall mean and be broadly  interpreted  to  mean  any  monetary  assistance  provided by the federal, the state or a  local government, or any agency thereof,  or  any  authority  or  public  benefit corporation, in any form, including loans or loan subsidies, for  the construction of an apartment building or housing complex for low and  moderate  income  persons,  as such term is defined by the United States  Department of Housing and Urban Development.    (f) "Naturally occurring retirement community" shall mean an apartment  building or housing complex which:    (1) was constructed with government assistance;    (2) was not originally built for older adults;    (3) does not restrict admissions solely to older adults;    (4) at least fifty percent of the units have an  occupant  who  is  an  older  adult  or  in which at least twenty-five hundred of the residents  are older adults; and    (5) a majority of the older adults to be served are  low  or  moderate  income,  as defined by the United States Department of Housing and Urban  Development.    2. A  naturally  occurring  retirement  community  supportive  service  program  is established as a demonstration program to be administered by  the director.    3. The director shall be assisted by the  advisory  committee  in  the  development  of  appropriate  criteria  for the selection of grantees of  funds provided pursuant to  this  section  and  programmatic  issues  as  deemed appropriate by the director.    4.  The  criteria  recommended  by  the  committee  and adopted by the  director for the award of grants shall be consistent with the provisions  of this section and shall include, at a minimum:    (a) the number, size, type and location of the projects to be  served;  provided,  that the committee and director shall make reasonable efforts  to assure that geographic balance in the distribution of  such  projects  is  maintained,  consistent  with  the  needs  to  be addressed, funding  available, applications for eligible applicants, other  requirements  of  this  section,  and  other  criteria  developed  by  the  committee  and  director;    (b) the appropriate number and concentration of older adult  residents  to be served by an individual project; provided, that such criteria need  not  specify, in the case of a project which includes several buildings,  the number of older adults to be served in any individual building;(c) the demographic characteristics of the residents to be served;    (d)  the  financial  or in-kind support required to be provided to the  project  by  the  owners,  managers  and  residents   of   the   housing  development;  provided,  however,  that  such  criteria need not address  whether the funding is public or private, or the source of such support;    (e) the scope and intensity of the services to be provided, and  their  appropriateness  for  the  residents proposed to be served. The criteria  shall not require that the applicant agency be the sole provider of such  services, but shall require that the applicant  at  a  minimum  actively  manage the provision of such services;    (f)  the  experience  and financial stability of the applicant agency,  provided that the criteria shall  require  that  priority  be  given  to  programs already in operation, including those projects participating in  the  resident  advisor  program administered by the office, and enriched  housing programs which meet the requirements of this section  and  which  have  demonstrated to the satisfaction of the director and the committee  their fiscal  and  managerial  stability  and  programmatic  success  in  serving residents;    (g)  the  nature and extent of requirements proposed to be established  for active, meaningful participation for residents proposed to be served  in  project   design,   implementation,   monitoring,   evaluation   and  governance;    (h)  an  agreement  by  the  applicant  to  participate  in  the  data  collection and evaluation  project  necessary  to  complete  the  report  required by this section;    (i) the policy and program roles of the applicant agency and any other  agencies  involved in the provision of services or the management of the  project, including the housing  development  governing  body,  or  other  owners  or managers of the apartment buildings and housing complexes and  the residents of such apartment buildings  and  housing  complexes.  The  criteria  shall  require  a clear delineation of such policy and program  roles;    (j) a requirement that each eligible agency document the need for  the  project  and  financial  commitments  to  it  from  such  sources as the  committee and the director shall deem appropriate  given  the  character  and nature of the proposed project, and written evidence of support from  the  appropriate  housing  development governing body or other owners or  managers of the apartment buildings and housing complexes.  The  purpose  of  such documentation shall be to demonstrate the need for the project,  support for it in  the  areas  to  be  served,  and  the  financial  and  managerial ability to sustain the project;    (k)  a  requirement  that any aid provided pursuant to this section be  matched by an equal amount, in-kind support  of  equal  value,  or  some  combination  thereof  from  other  sources,  provided  that such in-kind  support to be utilized only upon approval from the director and only  to  the  extent  matching  funds  are  not  available,  and  that  at  least  twenty-five percent  of  such  amount  be  contributed  by  the  housing  development  governing body or other owners or managers and residents of  the apartment buildings and housing complexes in which  the  project  is  proposed; and    (l)  the  circumstances under which the director may waive all or part  of the requirement for provision of an  equal  amount  of  funding  from  other  sources  required  pursuant to paragraph (k) of this subdivision,  provided that such criteria shall include provision for  waiver  at  the  discretion  of  the  director  upon  a  finding by the director that the  program will serve a low income or hardship  community,  and  that  such  waiver is required to assure that such community receive a fair share of  the  funding available. The committee shall develop appropriate criteriafor determining  whether  a  community  is  a  low  income  or  hardship  community.    5.  Within  amounts  specifically appropriated therefor and consistent  with the criteria developed and required pursuant to  this  section  the  director  shall  approve grants to eligible applicants in amounts not to  exceed one hundred fifty thousand dollars for a project  in  any  twelve  month period. The director shall not approve more than ten grants in the  first twelve month period after the effective date of this section.    5-a.  The  director  may, in addition recognize neighborhood naturally  occurring retirement communities, or  Neighborhood  NORCs,  and  provide  program  support  within amounts specifically available by appropriation  therefor,  which  shall  be  subject  to  the  requirements,  rules  and  regulations of this section, provided however that:    (a)  the term Neighborhood NORC as used in this subdivision shall mean  and refer to a residential dwelling or group of residential dwellings in  a geographically defined neighborhood of a municipality  containing  not  more  than  two thousand persons who are older adults reside in at least  forty percent of the units and which is made up  of  low-rise  buildings  six  stories  or less in height and/or single and multi-family homes and  which area was not originally developed for older adults, and which does  not restrict admission strictly to older adults;    (b) grants to an eligible Neighborhood NORC  shall  be  no  less  than  sixty thousand dollars for any twelve-month period;    (c)  the  director  shall be assisted by the advisory committee in the  development of criteria for the selection of grants provided pursuant to  this section and  programmatic  issues  as  deemed  appropriate  by  the  director.  The  criteria recommended by the committee and adopted by the  director for the award of grants shall be consistent with the provisions  of this subdivision and shall  include,  at  a  minimum,  the  following  requirements or items of information using such criteria as the advisory  committee and the director shall approve:    (1)  the  number,  size, type and location of residential dwellings or  group of residential dwellings selected as candidates  for  neighborhood  NORCs funding. The director shall make reasonable efforts to assure that  geographic  balance  in  the  distribution of such grants is maintained,  consistent  with  the  needs  to  be   addressed,   funding   available,  applications  from  eligible  applicants, ability to coordinate services  and other requirements of this section;    (2) the appropriate number and concentration of older adult  residents  to  be  served by an individual Neighborhood NORC. The criteria need not  specify the number of older  adults  to  be  served  in  any  individual  building;    (3) the demographic characteristics of the residents to be served;    (4)  a  requirement  that the applicant demonstrate the development or  intent to develop community wide support  from  residents,  neighborhood  associations, community groups, nonprofit organizations and others;    (5)  a  requirement  that  the boundaries of the geographic area to be  served are clear and coherent and create  an  identifiable  program  and  supportive community;    (6) a requirement that the applicant commit to raising matching funds,  in-kind  support,  or  some  combination thereof from non-state sources,  provided that such in-kind support be utilized only upon  approval  from  the  director  and  only to the extent matching funds are not available,  equal to fifteen percent of the state grant in the second year after the  program is approved,  twenty-five  percent  in  the  third  year,  forty  percent  in  the  fourth  year, and fifty percent in the fifth year, and  further commit that in each year, twenty-five percent of  such  required  matching funds, in-kind support, or combination thereof be raised withinthe  community  served.  Such  local  community  matching funds, in-kind  support, or combination thereof shall include but  not  be  limited  to:  dues, fees for service, individual and community contributions, and such  other  funds  as  the  advisory  committee  and  the director shall deem  appropriate;    (7) a  requirement  that  the  applicant  demonstrate  experience  and  financial stability;    (8)  a  requirement that priority in selection be given to programs in  existence prior to the effective date of this subdivision which,  except  for  designation and funding requirements established herein, would have  otherwise generally qualified as a Neighborhood NORC;    (9) a requirement that the applicant conduct or have conducted a needs  assessment on the basis of which  such  applicant  shall  establish  the  nature  and  extent  of  services  to be provided; and further that such  services shall provide a mix of appropriate services that provide active  and meaningful participation for residents;    (10) a requirement that residents to be served shall  be  involved  in  design,  implementation,  monitoring,  evaluation  and governance of the  Neighborhood NORC;    (11) an agreement by the applicant that it  will  participate  in  the  data  collection  and  evaluation  necessary  to  complete the reporting  requirements as established by the director;    (12) the policy and program roles of  the  applicant  agency  and  any  other  agencies  involved in the provision of services or the management  of the Neighborhood NORC, provided that the  criteria  shall  require  a  clear delineation of such policy and program roles;    (13) a requirement that each applicant document the need for the grant  and  financial  commitments  to  it  from  such  sources as the advisory  committee and the director shall deem appropriate  given  the  character  and  nature  of  the  proposed Neighborhood NORC and written evidence of  support from the community;    (14) the circumstances under which the director may waive all or  part  of  the  requirement  for  provision  of an equal amount of funding from  other sources required pursuant to this subdivision, provided that  such  criteria  shall  include  provision  for waiver at the discretion of the  director upon a finding by the director that the Neighborhood NORC  will  serve  a  low  income  or  hardship  community,  and that such waiver is  required to assure that such community  receive  a  fair  share  of  the  funding  available. For purposes of this paragraph, a hardship community  may be one that  has  developed  a  successful  model  but  which  needs  additional  time  to  raise matching funds required herein. An applicant  applying for a hardship exception shall submit a written plan in a  form  and  manner  determined  by the director detailing its plans to meet the  matching funds requirement in the succeeding year;    (15)  a  requirement  that  any  proposed  Neighborhood  NORC   in   a  geographically  defined  neighborhood  of a municipality containing more  than  two  thousand  older  adults  shall   require   the   review   and  recommendation  by  the  advisory committee before being approved by the  director;    (d) on or before March first, two thousand eight, the  director  shall  report to the governor and the fiscal and aging committees of the senate  and  the  assembly concerning the effectiveness of Neighborhood NORCs in  achieving the objectives set forth  by  this  subdivision.  Such  report  shall  address  each  of  the  items  required for Neighborhood NORCs in  achieving the objectives set forth in this section and such other  items  of  information  as  the  director  shall  deem  appropriate,  including  recommendations concerning continuation or modification of the  program,  and any recommendations from the advisory committee.(e)  in providing program support for Neighborhood NORCs as authorized  by this subdivision, the director shall in no event divert  or  transfer  funding  for  grants  or  program  support  from any naturally occurring  retirement community supportive service programs authorized pursuant  to  other provisions of this section.    6.  The  director may allow services provided by a naturally occurring  retirement community supportive service program  or  by  a  neighborhood  naturally  occurring  retirement  community  to also include services to  residents who live in neighborhoods contiguous to the boundaries of  the  geographic  area  served by such programs if: (a) the persons served are  older adults; (b) the services affect the health  and  welfare  of  such  persons;  and  (c)  the services are provided on a one-time basis in the  year in which they are provided, and not in a manner which  is  said  or  intended  to  be  continuous.  The  director  may  also  consent  to the  provision of such services by such program if the program has received a  grant which requires services  to  be  provided  beyond  the  geographic  boundaries of the program. The director shall establish procedures under  which a program may request the ability to provide such services.    7. The director shall promulgate rules and regulations as necessary to  carry out the provisions of this section.    8.  On  or  before  March first, two thousand five, the director shall  report to the governor and the finance committee of the senate  and  the  ways and means committee of the assembly concerning the effectiveness of  the   naturally   occurring  retirement  community  supportive  services  program, other than Neighborhood NORCs, as defined in subdivision five-a  of this section, in achieving the objectives set forth by this  section,  which  include  helping  to  address  the  needs  of  residents  in such  naturally  occurring  retirement  communities,  assuring  access  to   a  continuum  of  necessary services, increasing private, philanthropic and  other public funding for programs, and preventing  unnecessary  hospital  and  nursing  home  stays. The report shall also include recommendations  concerning continuation or modification of the program from the director  and  the  committee,  and  shall  note  any   divergence   between   the  recommendations  of  the  director and the committee. The director shall  provide the  required  information  and  any  other  information  deemed  appropriate  to the report in such form and detail as will be helpful to  the legislature and the governor in determining to extend, eliminate  or  modify the program including, but not limited to, the following:    (a)  the number, size, type and location of the projects developed and  funded, including the number, kinds  and  functions  of  staff  in  each  program;    (b)  the  number, size, type and location of the projects proposed but  not funded, and the reasons for denial of funding for such projects;    (c)  the  age,  sex,  religion  and  other   appropriate   demographic  information concerning the residents served;    (d)  the services provided to residents, reported in such manner as to  allow comparison of services by demographic group and region;    (e) a  listing  of  the  services  provided  by  eligible  applicants,  including the number, kind and intensity of such services; and    (f)  a  listing of other organizations providing services, the number,  kind and intensity of such services, the number  of  referrals  to  such  organizations  and,  to  the  extent  practicable,  the outcomes of such  referrals.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Eld > Article-2 > Title-1 > 209

§  209.  Naturally  occurring  retirement community supportive service  program. 1. As used in this section:    (a) "Advisory  committee"  or  "committee"  shall  mean  the  advisory  committee  convened  by  the director for the purposes specified in this  section. Such committee shall be broadly representative of  housing  and  senior citizen groups, and all geographic areas of the state.    (b)  "Older  adults"  shall mean persons who are sixty years of age or  older.    (c)  "Eligible  applicant"  shall   mean   a   not-for-profit   agency  specializing  in housing, health or other human services which serves or  would serve the community within which a naturally occurring  retirement  community is located.    (d) "Eligible services" shall mean services including, but not limited  to:  case  management,  care coordination, counseling, health assessment  and monitoring,  transportation,  socialization  activities,  home  care  facilitation  and monitoring, and other services designed to address the  needs of residents of  naturally  occurring  retirement  communities  by  helping  them  extend their independence, improve their quality of life,  and avoid unnecessary hospital and nursing home stays.    (e) "Government assistance" shall mean and be broadly  interpreted  to  mean  any  monetary  assistance  provided by the federal, the state or a  local government, or any agency thereof,  or  any  authority  or  public  benefit corporation, in any form, including loans or loan subsidies, for  the construction of an apartment building or housing complex for low and  moderate  income  persons,  as such term is defined by the United States  Department of Housing and Urban Development.    (f) "Naturally occurring retirement community" shall mean an apartment  building or housing complex which:    (1) was constructed with government assistance;    (2) was not originally built for older adults;    (3) does not restrict admissions solely to older adults;    (4) at least fifty percent of the units have an  occupant  who  is  an  older  adult  or  in which at least twenty-five hundred of the residents  are older adults; and    (5) a majority of the older adults to be served are  low  or  moderate  income,  as defined by the United States Department of Housing and Urban  Development.    2. A  naturally  occurring  retirement  community  supportive  service  program  is established as a demonstration program to be administered by  the director.    3. The director shall be assisted by the  advisory  committee  in  the  development  of  appropriate  criteria  for the selection of grantees of  funds provided pursuant to  this  section  and  programmatic  issues  as  deemed appropriate by the director.    4.  The  criteria  recommended  by  the  committee  and adopted by the  director for the award of grants shall be consistent with the provisions  of this section and shall include, at a minimum:    (a) the number, size, type and location of the projects to be  served;  provided,  that the committee and director shall make reasonable efforts  to assure that geographic balance in the distribution of  such  projects  is  maintained,  consistent  with  the  needs  to  be addressed, funding  available, applications for eligible applicants, other  requirements  of  this  section,  and  other  criteria  developed  by  the  committee  and  director;    (b) the appropriate number and concentration of older adult  residents  to be served by an individual project; provided, that such criteria need  not  specify, in the case of a project which includes several buildings,  the number of older adults to be served in any individual building;(c) the demographic characteristics of the residents to be served;    (d)  the  financial  or in-kind support required to be provided to the  project  by  the  owners,  managers  and  residents   of   the   housing  development;  provided,  however,  that  such  criteria need not address  whether the funding is public or private, or the source of such support;    (e) the scope and intensity of the services to be provided, and  their  appropriateness  for  the  residents proposed to be served. The criteria  shall not require that the applicant agency be the sole provider of such  services, but shall require that the applicant  at  a  minimum  actively  manage the provision of such services;    (f)  the  experience  and financial stability of the applicant agency,  provided that the criteria shall  require  that  priority  be  given  to  programs already in operation, including those projects participating in  the  resident  advisor  program administered by the office, and enriched  housing programs which meet the requirements of this section  and  which  have  demonstrated to the satisfaction of the director and the committee  their fiscal  and  managerial  stability  and  programmatic  success  in  serving residents;    (g)  the  nature and extent of requirements proposed to be established  for active, meaningful participation for residents proposed to be served  in  project   design,   implementation,   monitoring,   evaluation   and  governance;    (h)  an  agreement  by  the  applicant  to  participate  in  the  data  collection and evaluation  project  necessary  to  complete  the  report  required by this section;    (i) the policy and program roles of the applicant agency and any other  agencies  involved in the provision of services or the management of the  project, including the housing  development  governing  body,  or  other  owners  or managers of the apartment buildings and housing complexes and  the residents of such apartment buildings  and  housing  complexes.  The  criteria  shall  require  a clear delineation of such policy and program  roles;    (j) a requirement that each eligible agency document the need for  the  project  and  financial  commitments  to  it  from  such  sources as the  committee and the director shall deem appropriate  given  the  character  and nature of the proposed project, and written evidence of support from  the  appropriate  housing  development governing body or other owners or  managers of the apartment buildings and housing complexes.  The  purpose  of  such documentation shall be to demonstrate the need for the project,  support for it in  the  areas  to  be  served,  and  the  financial  and  managerial ability to sustain the project;    (k)  a  requirement  that any aid provided pursuant to this section be  matched by an equal amount, in-kind support  of  equal  value,  or  some  combination  thereof  from  other  sources,  provided  that such in-kind  support to be utilized only upon approval from the director and only  to  the  extent  matching  funds  are  not  available,  and  that  at  least  twenty-five percent  of  such  amount  be  contributed  by  the  housing  development  governing body or other owners or managers and residents of  the apartment buildings and housing complexes in which  the  project  is  proposed; and    (l)  the  circumstances under which the director may waive all or part  of the requirement for provision of an  equal  amount  of  funding  from  other  sources  required  pursuant to paragraph (k) of this subdivision,  provided that such criteria shall include provision for  waiver  at  the  discretion  of  the  director  upon  a  finding by the director that the  program will serve a low income or hardship  community,  and  that  such  waiver is required to assure that such community receive a fair share of  the  funding available. The committee shall develop appropriate criteriafor determining  whether  a  community  is  a  low  income  or  hardship  community.    5.  Within  amounts  specifically appropriated therefor and consistent  with the criteria developed and required pursuant to  this  section  the  director  shall  approve grants to eligible applicants in amounts not to  exceed one hundred fifty thousand dollars for a project  in  any  twelve  month period. The director shall not approve more than ten grants in the  first twelve month period after the effective date of this section.    5-a.  The  director  may, in addition recognize neighborhood naturally  occurring retirement communities, or  Neighborhood  NORCs,  and  provide  program  support  within amounts specifically available by appropriation  therefor,  which  shall  be  subject  to  the  requirements,  rules  and  regulations of this section, provided however that:    (a)  the term Neighborhood NORC as used in this subdivision shall mean  and refer to a residential dwelling or group of residential dwellings in  a geographically defined neighborhood of a municipality  containing  not  more  than  two thousand persons who are older adults reside in at least  forty percent of the units and which is made up  of  low-rise  buildings  six  stories  or less in height and/or single and multi-family homes and  which area was not originally developed for older adults, and which does  not restrict admission strictly to older adults;    (b) grants to an eligible Neighborhood NORC  shall  be  no  less  than  sixty thousand dollars for any twelve-month period;    (c)  the  director  shall be assisted by the advisory committee in the  development of criteria for the selection of grants provided pursuant to  this section and  programmatic  issues  as  deemed  appropriate  by  the  director.  The  criteria recommended by the committee and adopted by the  director for the award of grants shall be consistent with the provisions  of this subdivision and shall  include,  at  a  minimum,  the  following  requirements or items of information using such criteria as the advisory  committee and the director shall approve:    (1)  the  number,  size, type and location of residential dwellings or  group of residential dwellings selected as candidates  for  neighborhood  NORCs funding. The director shall make reasonable efforts to assure that  geographic  balance  in  the  distribution of such grants is maintained,  consistent  with  the  needs  to  be   addressed,   funding   available,  applications  from  eligible  applicants, ability to coordinate services  and other requirements of this section;    (2) the appropriate number and concentration of older adult  residents  to  be  served by an individual Neighborhood NORC. The criteria need not  specify the number of older  adults  to  be  served  in  any  individual  building;    (3) the demographic characteristics of the residents to be served;    (4)  a  requirement  that the applicant demonstrate the development or  intent to develop community wide support  from  residents,  neighborhood  associations, community groups, nonprofit organizations and others;    (5)  a  requirement  that  the boundaries of the geographic area to be  served are clear and coherent and create  an  identifiable  program  and  supportive community;    (6) a requirement that the applicant commit to raising matching funds,  in-kind  support,  or  some  combination thereof from non-state sources,  provided that such in-kind support be utilized only upon  approval  from  the  director  and  only to the extent matching funds are not available,  equal to fifteen percent of the state grant in the second year after the  program is approved,  twenty-five  percent  in  the  third  year,  forty  percent  in  the  fourth  year, and fifty percent in the fifth year, and  further commit that in each year, twenty-five percent of  such  required  matching funds, in-kind support, or combination thereof be raised withinthe  community  served.  Such  local  community  matching funds, in-kind  support, or combination thereof shall include but  not  be  limited  to:  dues, fees for service, individual and community contributions, and such  other  funds  as  the  advisory  committee  and  the director shall deem  appropriate;    (7) a  requirement  that  the  applicant  demonstrate  experience  and  financial stability;    (8)  a  requirement that priority in selection be given to programs in  existence prior to the effective date of this subdivision which,  except  for  designation and funding requirements established herein, would have  otherwise generally qualified as a Neighborhood NORC;    (9) a requirement that the applicant conduct or have conducted a needs  assessment on the basis of which  such  applicant  shall  establish  the  nature  and  extent  of  services  to be provided; and further that such  services shall provide a mix of appropriate services that provide active  and meaningful participation for residents;    (10) a requirement that residents to be served shall  be  involved  in  design,  implementation,  monitoring,  evaluation  and governance of the  Neighborhood NORC;    (11) an agreement by the applicant that it  will  participate  in  the  data  collection  and  evaluation  necessary  to  complete the reporting  requirements as established by the director;    (12) the policy and program roles of  the  applicant  agency  and  any  other  agencies  involved in the provision of services or the management  of the Neighborhood NORC, provided that the  criteria  shall  require  a  clear delineation of such policy and program roles;    (13) a requirement that each applicant document the need for the grant  and  financial  commitments  to  it  from  such  sources as the advisory  committee and the director shall deem appropriate  given  the  character  and  nature  of  the  proposed Neighborhood NORC and written evidence of  support from the community;    (14) the circumstances under which the director may waive all or  part  of  the  requirement  for  provision  of an equal amount of funding from  other sources required pursuant to this subdivision, provided that  such  criteria  shall  include  provision  for waiver at the discretion of the  director upon a finding by the director that the Neighborhood NORC  will  serve  a  low  income  or  hardship  community,  and that such waiver is  required to assure that such community  receive  a  fair  share  of  the  funding  available. For purposes of this paragraph, a hardship community  may be one that  has  developed  a  successful  model  but  which  needs  additional  time  to  raise matching funds required herein. An applicant  applying for a hardship exception shall submit a written plan in a  form  and  manner  determined  by the director detailing its plans to meet the  matching funds requirement in the succeeding year;    (15)  a  requirement  that  any  proposed  Neighborhood  NORC   in   a  geographically  defined  neighborhood  of a municipality containing more  than  two  thousand  older  adults  shall   require   the   review   and  recommendation  by  the  advisory committee before being approved by the  director;    (d) on or before March first, two thousand eight, the  director  shall  report to the governor and the fiscal and aging committees of the senate  and  the  assembly concerning the effectiveness of Neighborhood NORCs in  achieving the objectives set forth  by  this  subdivision.  Such  report  shall  address  each  of  the  items  required for Neighborhood NORCs in  achieving the objectives set forth in this section and such other  items  of  information  as  the  director  shall  deem  appropriate,  including  recommendations concerning continuation or modification of the  program,  and any recommendations from the advisory committee.(e)  in providing program support for Neighborhood NORCs as authorized  by this subdivision, the director shall in no event divert  or  transfer  funding  for  grants  or  program  support  from any naturally occurring  retirement community supportive service programs authorized pursuant  to  other provisions of this section.    6.  The  director may allow services provided by a naturally occurring  retirement community supportive service program  or  by  a  neighborhood  naturally  occurring  retirement  community  to also include services to  residents who live in neighborhoods contiguous to the boundaries of  the  geographic  area  served by such programs if: (a) the persons served are  older adults; (b) the services affect the health  and  welfare  of  such  persons;  and  (c)  the services are provided on a one-time basis in the  year in which they are provided, and not in a manner which  is  said  or  intended  to  be  continuous.  The  director  may  also  consent  to the  provision of such services by such program if the program has received a  grant which requires services  to  be  provided  beyond  the  geographic  boundaries of the program. The director shall establish procedures under  which a program may request the ability to provide such services.    7. The director shall promulgate rules and regulations as necessary to  carry out the provisions of this section.    8.  On  or  before  March first, two thousand five, the director shall  report to the governor and the finance committee of the senate  and  the  ways and means committee of the assembly concerning the effectiveness of  the   naturally   occurring  retirement  community  supportive  services  program, other than Neighborhood NORCs, as defined in subdivision five-a  of this section, in achieving the objectives set forth by this  section,  which  include  helping  to  address  the  needs  of  residents  in such  naturally  occurring  retirement  communities,  assuring  access  to   a  continuum  of  necessary services, increasing private, philanthropic and  other public funding for programs, and preventing  unnecessary  hospital  and  nursing  home  stays. The report shall also include recommendations  concerning continuation or modification of the program from the director  and  the  committee,  and  shall  note  any   divergence   between   the  recommendations  of  the  director and the committee. The director shall  provide the  required  information  and  any  other  information  deemed  appropriate  to the report in such form and detail as will be helpful to  the legislature and the governor in determining to extend, eliminate  or  modify the program including, but not limited to, the following:    (a)  the number, size, type and location of the projects developed and  funded, including the number, kinds  and  functions  of  staff  in  each  program;    (b)  the  number, size, type and location of the projects proposed but  not funded, and the reasons for denial of funding for such projects;    (c)  the  age,  sex,  religion  and  other   appropriate   demographic  information concerning the residents served;    (d)  the services provided to residents, reported in such manner as to  allow comparison of services by demographic group and region;    (e) a  listing  of  the  services  provided  by  eligible  applicants,  including the number, kind and intensity of such services; and    (f)  a  listing of other organizations providing services, the number,  kind and intensity of such services, the number  of  referrals  to  such  organizations  and,  to  the  extent  practicable,  the outcomes of such  referrals.