State Codes and Statutes

Statutes > New-york > Sos > Article-2-a > Title-1 > 44

§  44.  General  and  administrative provisions. 1. The department, in  consultation with the division of housing  and  community  renewal,  the  office  of mental health and other appropriate agencies, shall issue and  promulgate rules and regulations for the administration of this article.  The rules and regulations shall provide that state financial  assistance  pursuant to this article will not be available unless an application has  been filed by the municipality, not-for-profit corporation or subsidiary  thereof,  public  corporation  or  charitable organization or subsidiary  thereof with the department pursuant to a request for  proposals  issued  by  the commissioner. The rules and regulations shall include provisions  concerning eligibility of municipalities and contracting  not-for-profit  corporations or subsidiaries thereof, public corporations and charitable  organizations  or  subsidiaries  thereof for state financial assistance;  the form of the applications for contracts;  funding  criteria  and  the  funding  determination  process;  the form of the contracts; supervision  and  evaluation  of  the  contracting  municipalities  or  corporations;  reporting,  budgeting  and  record-keeping  requirements; provisions for  modification, termination, extension and renewal of contracts; and  such  other  matters not inconsistent with the purposes and provisions of this  article as the commissioner shall deem necessary, proper or appropriate.    2. The commissioner may provide that preference be given  to  contract  applications that (a) involve other sources of funds (municipal, federal  or  any source other than the state), in-kind contributions made by such  sources,  or  involve  projects  receiving  state  financial  assistance  pursuant   to   chapters   three  hundred  thirty-eight,  three  hundred  thirty-nine and five hundred forty-nine of the laws of nineteen  hundred  eighty-two,   in  order  to  maximize  the  effect  of  state  financial  assistance  or  (b)  involve  innovative  and  cost-effective   homeless  projects that may help resolve the long-term problems of the homeless or  (c) involve the rehabilitation of existing structures.    3.  The  commissioner  shall, in consultation with the commissioner of  housing and community renewal, the commissioner of mental health and the  commissioners of other  appropriate  agencies,  evaluate  the  need  for  homeless  projects  in  various  areas  of  the  state and among various  populations,  including,  but  not  limited  to,  homeless  men,  women,  families  and  runaway  youth,  and  shall allocate funds, to the extent  practicable, to meet these needs; provided, however, that no  more  than  fifty  per  centum  of  the  total  amount appropriated pursuant to this  article in any fiscal year shall be  allocated  to  contracts  with  any  single municipality.    4. The department shall provide for the review, at periodic intervals,  of the performance of the municipalities, not-for-profit corporations or  subsidiaries  thereof,  public corporations and charitable organizations  or subsidiaries thereof receiving financial assistance pursuant to  this  article.  Such  review shall, among other things, be for the purposes of  ascertaining  conformity  to  contractual  provisions,   the   financial  integrity  and efficiency of the organizations and the evaluation of the  project.  Contracts  entered  into  pursuant  to  this  article  may  be  terminated   by   the   commissioner   upon  a  finding  of  substantial  nonperformance or other breach by the organization  of  its  obligations  under its contract with the municipality.    5.  The  commissioner  shall  require  that all homeless projects that  received financial assistance pursuant to this article shall comply with  all regulations applicable to projects of this type promulgated  by  the  department,  by  the division of housing and community renewal and other  municipal, state and federal regulations and laws. The commissioner  may  terminate  any  contract  upon a finding that a substantial violation ofsuch regulations or laws has  remained  uncorrected  for  a  substantial  period of time.    6.  In  order to further the purposes of this article, social services  districts shall, in  accordance  with  regulations  promulgated  by  the  department,  undertake  such efforts as may be necessary and practicable  to assist homeless persons apply for and obtain appropriate governmental  assistance.    7. On or before February first, nineteen hundred eighty-four and on or  before February first of each year thereafter in which  contracts  under  this  section  are  in  force,  the  commissioner  shall  submit  to the  governor, the temporary president of the senate and the speaker  of  the  assembly a report detailing progress and evaluating results, to date, of  the program.    8.  Notwithstanding  the provisions of any general or special law, the  director of the budget is authorized to transfer to the homeless housing  and assistance account funds otherwise appropriated or reappropriated to  the department of social services for the fiscal years beginning on  and  after  April  one,  nineteen hundred ninety, in an amount or amounts the  director of the budget determines to  be  necessary  to  carry  out  the  provisions of the homeless housing and assistance program.

State Codes and Statutes

Statutes > New-york > Sos > Article-2-a > Title-1 > 44

§  44.  General  and  administrative provisions. 1. The department, in  consultation with the division of housing  and  community  renewal,  the  office  of mental health and other appropriate agencies, shall issue and  promulgate rules and regulations for the administration of this article.  The rules and regulations shall provide that state financial  assistance  pursuant to this article will not be available unless an application has  been filed by the municipality, not-for-profit corporation or subsidiary  thereof,  public  corporation  or  charitable organization or subsidiary  thereof with the department pursuant to a request for  proposals  issued  by  the commissioner. The rules and regulations shall include provisions  concerning eligibility of municipalities and contracting  not-for-profit  corporations or subsidiaries thereof, public corporations and charitable  organizations  or  subsidiaries  thereof for state financial assistance;  the form of the applications for contracts;  funding  criteria  and  the  funding  determination  process;  the form of the contracts; supervision  and  evaluation  of  the  contracting  municipalities  or  corporations;  reporting,  budgeting  and  record-keeping  requirements; provisions for  modification, termination, extension and renewal of contracts; and  such  other  matters not inconsistent with the purposes and provisions of this  article as the commissioner shall deem necessary, proper or appropriate.    2. The commissioner may provide that preference be given  to  contract  applications that (a) involve other sources of funds (municipal, federal  or  any source other than the state), in-kind contributions made by such  sources,  or  involve  projects  receiving  state  financial  assistance  pursuant   to   chapters   three  hundred  thirty-eight,  three  hundred  thirty-nine and five hundred forty-nine of the laws of nineteen  hundred  eighty-two,   in  order  to  maximize  the  effect  of  state  financial  assistance  or  (b)  involve  innovative  and  cost-effective   homeless  projects that may help resolve the long-term problems of the homeless or  (c) involve the rehabilitation of existing structures.    3.  The  commissioner  shall, in consultation with the commissioner of  housing and community renewal, the commissioner of mental health and the  commissioners of other  appropriate  agencies,  evaluate  the  need  for  homeless  projects  in  various  areas  of  the  state and among various  populations,  including,  but  not  limited  to,  homeless  men,  women,  families  and  runaway  youth,  and  shall allocate funds, to the extent  practicable, to meet these needs; provided, however, that no  more  than  fifty  per  centum  of  the  total  amount appropriated pursuant to this  article in any fiscal year shall be  allocated  to  contracts  with  any  single municipality.    4. The department shall provide for the review, at periodic intervals,  of the performance of the municipalities, not-for-profit corporations or  subsidiaries  thereof,  public corporations and charitable organizations  or subsidiaries thereof receiving financial assistance pursuant to  this  article.  Such  review shall, among other things, be for the purposes of  ascertaining  conformity  to  contractual  provisions,   the   financial  integrity  and efficiency of the organizations and the evaluation of the  project.  Contracts  entered  into  pursuant  to  this  article  may  be  terminated   by   the   commissioner   upon  a  finding  of  substantial  nonperformance or other breach by the organization  of  its  obligations  under its contract with the municipality.    5.  The  commissioner  shall  require  that all homeless projects that  received financial assistance pursuant to this article shall comply with  all regulations applicable to projects of this type promulgated  by  the  department,  by  the division of housing and community renewal and other  municipal, state and federal regulations and laws. The commissioner  may  terminate  any  contract  upon a finding that a substantial violation ofsuch regulations or laws has  remained  uncorrected  for  a  substantial  period of time.    6.  In  order to further the purposes of this article, social services  districts shall, in  accordance  with  regulations  promulgated  by  the  department,  undertake  such efforts as may be necessary and practicable  to assist homeless persons apply for and obtain appropriate governmental  assistance.    7. On or before February first, nineteen hundred eighty-four and on or  before February first of each year thereafter in which  contracts  under  this  section  are  in  force,  the  commissioner  shall  submit  to the  governor, the temporary president of the senate and the speaker  of  the  assembly a report detailing progress and evaluating results, to date, of  the program.    8.  Notwithstanding  the provisions of any general or special law, the  director of the budget is authorized to transfer to the homeless housing  and assistance account funds otherwise appropriated or reappropriated to  the department of social services for the fiscal years beginning on  and  after  April  one,  nineteen hundred ninety, in an amount or amounts the  director of the budget determines to  be  necessary  to  carry  out  the  provisions of the homeless housing and assistance program.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Sos > Article-2-a > Title-1 > 44

§  44.  General  and  administrative provisions. 1. The department, in  consultation with the division of housing  and  community  renewal,  the  office  of mental health and other appropriate agencies, shall issue and  promulgate rules and regulations for the administration of this article.  The rules and regulations shall provide that state financial  assistance  pursuant to this article will not be available unless an application has  been filed by the municipality, not-for-profit corporation or subsidiary  thereof,  public  corporation  or  charitable organization or subsidiary  thereof with the department pursuant to a request for  proposals  issued  by  the commissioner. The rules and regulations shall include provisions  concerning eligibility of municipalities and contracting  not-for-profit  corporations or subsidiaries thereof, public corporations and charitable  organizations  or  subsidiaries  thereof for state financial assistance;  the form of the applications for contracts;  funding  criteria  and  the  funding  determination  process;  the form of the contracts; supervision  and  evaluation  of  the  contracting  municipalities  or  corporations;  reporting,  budgeting  and  record-keeping  requirements; provisions for  modification, termination, extension and renewal of contracts; and  such  other  matters not inconsistent with the purposes and provisions of this  article as the commissioner shall deem necessary, proper or appropriate.    2. The commissioner may provide that preference be given  to  contract  applications that (a) involve other sources of funds (municipal, federal  or  any source other than the state), in-kind contributions made by such  sources,  or  involve  projects  receiving  state  financial  assistance  pursuant   to   chapters   three  hundred  thirty-eight,  three  hundred  thirty-nine and five hundred forty-nine of the laws of nineteen  hundred  eighty-two,   in  order  to  maximize  the  effect  of  state  financial  assistance  or  (b)  involve  innovative  and  cost-effective   homeless  projects that may help resolve the long-term problems of the homeless or  (c) involve the rehabilitation of existing structures.    3.  The  commissioner  shall, in consultation with the commissioner of  housing and community renewal, the commissioner of mental health and the  commissioners of other  appropriate  agencies,  evaluate  the  need  for  homeless  projects  in  various  areas  of  the  state and among various  populations,  including,  but  not  limited  to,  homeless  men,  women,  families  and  runaway  youth,  and  shall allocate funds, to the extent  practicable, to meet these needs; provided, however, that no  more  than  fifty  per  centum  of  the  total  amount appropriated pursuant to this  article in any fiscal year shall be  allocated  to  contracts  with  any  single municipality.    4. The department shall provide for the review, at periodic intervals,  of the performance of the municipalities, not-for-profit corporations or  subsidiaries  thereof,  public corporations and charitable organizations  or subsidiaries thereof receiving financial assistance pursuant to  this  article.  Such  review shall, among other things, be for the purposes of  ascertaining  conformity  to  contractual  provisions,   the   financial  integrity  and efficiency of the organizations and the evaluation of the  project.  Contracts  entered  into  pursuant  to  this  article  may  be  terminated   by   the   commissioner   upon  a  finding  of  substantial  nonperformance or other breach by the organization  of  its  obligations  under its contract with the municipality.    5.  The  commissioner  shall  require  that all homeless projects that  received financial assistance pursuant to this article shall comply with  all regulations applicable to projects of this type promulgated  by  the  department,  by  the division of housing and community renewal and other  municipal, state and federal regulations and laws. The commissioner  may  terminate  any  contract  upon a finding that a substantial violation ofsuch regulations or laws has  remained  uncorrected  for  a  substantial  period of time.    6.  In  order to further the purposes of this article, social services  districts shall, in  accordance  with  regulations  promulgated  by  the  department,  undertake  such efforts as may be necessary and practicable  to assist homeless persons apply for and obtain appropriate governmental  assistance.    7. On or before February first, nineteen hundred eighty-four and on or  before February first of each year thereafter in which  contracts  under  this  section  are  in  force,  the  commissioner  shall  submit  to the  governor, the temporary president of the senate and the speaker  of  the  assembly a report detailing progress and evaluating results, to date, of  the program.    8.  Notwithstanding  the provisions of any general or special law, the  director of the budget is authorized to transfer to the homeless housing  and assistance account funds otherwise appropriated or reappropriated to  the department of social services for the fiscal years beginning on  and  after  April  one,  nineteen hundred ninety, in an amount or amounts the  director of the budget determines to  be  necessary  to  carry  out  the  provisions of the homeless housing and assistance program.