reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 67.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 67 - Interstate Relations 67.09 - Medicaid Home and Community Based Services Eligibility for Dependants of Certain Military Service Members.

§ 67.09 Medicaid  home  and  community  based  services  eligibility for           dependents of certain military service members.  (a) A dependent of a member of the armed forces of the  United  States or  the  organized militia of the state, who is a legal resident of this state,  having  previously  been   determined   to   be   eligible   for developmental disability services provided by the office for people with developmental  disabilities  (OPWDD), including waiver services provided under the home and community based services  programs  authorized  under Section 1915(c) of the Social Security Act, shall retain eligibility for those  developmental  disability services as long as he or she remains a legal resident of the state, regardless of having left the state due  to the  service member's military assignment outside the state, and as long as he or she is otherwise eligible for such services.  (b) For dependents who received developmental disability services  and who  left  the  state  due  to  the  military  service member's military assignment outside the state, upon the dependent's return to  the  state and when a request for services is made OPWDD shall:  (1)  determine  the  dependent's  eligibility  for services, which may include a request for  waiver  services  provided  under  the  home  and community  based  services  programs authorized under Section 1915(c) of the Social Security Act;  (2) provide to the dependent  notification  of  the  determination  of eligibility  for  services,  which  includes notification of a denial of services if applicable;  (3)  provide  the  dependent  an  opportunity   to   contest   OPWDD's determination through the appeals process established by OPWDD; and  (4) resume services if the individual remains eligible.  (c)  As  a  condition  of  continued  eligibility  for  services under subdivision (a) of this section, a depended must inform OPWDD  of  their current address and provide updates as requested by OPWDD.  (d)  No  payment  pursuant  to this section shall be made for home and community based services provided outside the State of New York.  (e) For  purposes  of  this  section,  "dependent"  shall  be  defined consistent with the federal tax code.
NY Ment Hygiene L § 75.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.01 - Short Title.

§ 75.01 Short title.This  article  shall  be known and may be cited and referred to as the   "community  mental  health  services  and   developmental   disabilities   services companies law".
NY Ment Hygiene L § 75.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.03 - Policy and Purposes of Article.

§ 75.03 Policy and purposes of article.It is hereby declared that the provision of new and improved community   facilities  is  necessary  to  care for the increasing number of persons   afflicted with mental disability.  Such  facilities  should  be  located   close  to  the  people  they  serve in order to speed rehabilitation and   restoration and  to  provide  for  out-patient  care,  in-patient  care,   including  after  care,  diagnostic  and  rehabilitative  services,  and   residential accommodations for operation  as  hostels.  Such  facilities   should  supplement  the  services  provided  by the commissioner and the   department of mental hygiene and  should  be  available  to  cities  and   counties  operating approved community services programs pursuant to the   provisions of article eleven of this chapter.It is hereby further declared that non-profit corporations  should  be   created  to  construct,  acquire,  reconstruct,  rehabilitate,  own, and   operate such facilities and that provision should be made  for  mortgage   loan  participation  by  a  lending  institution  or  the New York state   housing finance agency in order to insure that the full resources of the   private enterprise sector of the economy may be made available for  this   purpose; that there is a need for public assistance to such corporations   by  the granting of tax exemption; that it is the policy of the state to   promote  the  provision  of  community  facilities  by  such   nonprofit   corporations; and that such provision is a public use and purpose.
NY Ment Hygiene L § 75.07 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.07 - Companies; How Created.

§ 75.07 Companies; how created.Notwithstanding  the provisions of any other law or requirement to the   contrary, companies shall be incorporated and organized pursuant to  the   not-for-profit corporation law and this article.In  addition  to  those  matters  required  to  be  set  forth  in the   certificate of incorporation by the not-for-profit corporation law,  the   certificate shall state:1.  That, among the purposes for which it is formed, the company is to   plan, construct, acquire,  alter,  reconstruct,  rehabilitate,  improve,   own,  maintain,  and  operate  one  or  more  projects  pursuant to this   article.2. The number of directors, which shall be not  less  than  three  nor   more  than  fifteen.  Directors  shall  be elected by the members of the   company.  One additional director may be designated by the commissioner.   In the absence of fraud or bad  faith  the  director  appointed  by  the   commissioner  shall not be personally liable for the debts, obligations,   or liabilities of the company.3.  That  the  real  property  of  the  company  shall  not  be  sold,   transferred,   encumbered,  or  assigned  except  as  permitted  by  the   provisions of this article.4. That the company has been organized exclusively to serve  a  public   purpose  and  that it shall be and remain subject to the supervision and   control of the commissioner pursuant to the provisions of  this  article   and all applicable laws and regulations.5.  That  all  income  and  earnings  of  the  company  shall  be used   exclusively for its corporate purposes.6. That no part of the net income or net earnings of the company shall   inure to the benefit or profit  of  any  private  individual,  firm,  or   corporation.
NY Ment Hygiene L § 75.09 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.09 - Approval of Commissioner.

§ 75.09 Approval of commissioner.Whenever  any  such certificate shall be presented to the secretary of   state, he shall not file  such  certificate  unless  there  is  endorsed   thereon  or  annexed thereto the written approval of the commissioner in   accordance with section 13.22 of this chapter; nor shall  any  amendment   to the certificate of incorporation be filed unless it is accompanied by   a certificate of the commissioner approving such amendment.
NY Ment Hygiene L § 75.15 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.15 - Members, Officers, and Directors.

§ 75.15 Members, officers, and directors.No  member  or director of a company shall receive any salary or other   compensation for  services  as  such  member  or  director,  other  than   reimbursement   of   actual  and  necessary  expenses  incurred  in  the   performance of his duties. No member, officer, or employee of a  company   shall  acquire any interest, direct or indirect, in any property then or   thereafter included or planned to be included in a project,  nor  retain   any  interest, direct or indirect in any property acquired subsequent to   his appointment or employment which is later included or planned  to  be   included  in  a  project.  If  any  member,  officer, or employee of any   company owns or  controls  an  interest,  direct  or  indirect,  in  any   property  included  in  a  project,  which  was  acquired  prior  to his   appointment or employment, he shall disclose such interest and the  date   of  acquisition  thereof  in  writing to the company and such disclosure   shall be entered upon the minutes of the company.
NY Ment Hygiene L § 75.17 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.17 - Mortgage Loans.

§ 75.17 Mortgage loans.  (a) Any company formed under this article may, subject to the approval of  the  commissioner,  borrow  funds  from  the  New York state housing finance agency and secure the repayment thereof  by  bond  or  note  and mortgage  which shall contain such terms and conditions as may be deemed necessary or desirable by the New York state housing finance  agency  or required  by  any  agreement  between the New York state housing finance agency and the holders of its notes  and  bonds  with  respect  to  such companies, including the right to assignment of rates and fees and entry into  possession  in case of default, but the operation of such project, in the event of such entry, shall be subject to regulations  promulgated by the commissioner.  (b)  The  New York state housing finance agency may make a contract to make loans to companies not to exceed the total project cost.  Any  such loan  shall  be  secured  by  a  first  mortgage  lien upon all the real property and improvements of which the project  consists  and  upon  all fixtures  and  articles  of  personal  property  attached  to or used in connection   with   the   construction,   acquisition,   reconstruction, rehabilitation, improvement, or operation of the project.  (c) Any inconsistent provision of law to the contrary notwithstanding, mortgages of a company shall be exempt from the mortgage recording taxes imposed by article eleven of the tax law.
NY Ment Hygiene L § 75.19 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.19 - Conditions and Security for Loans.

§ 75.19 Conditions and security for loans.No  loan shall be made by the New York state housing finance agency to   a company until the commissioner has  approved  the  project  and  finds   that:1. The company has complied with all of the provisions of this article   and all applicable laws and regulations;2. There is a need for a project of the type proposed in the region to   be  served  and  that  the services and facilities to be provided by the   project are consistent with such need;3. The local governmental unit in the city  or  county  in  which  the   project is located has certified that the project is consistent with its   plan for the provision of services for the mentally disabled;4.  The  plans  and  specifications conform to the requirements of all   laws and regulations applicable thereto and assure adequate light,  air,   sanitation, and fire protection and are satisfactory to him;5.  The  estimated  revenue of the project will be sufficient to cover   all probable costs of operation and maintenance, of  fixed  charges  and   such  reserves  as  may be authorized by the commissioner or required by   the New York state housing finance agency;6. Provision has been made  for  the  purpose  of  providing  for  the   payment  of  the  difference, if any, between the estimated project cost   and the mortgage loan; and in the event the  final  project  cost  shall   exceed  the  estimated  project  cost, the difference between such final   project cost and the mortgage loan;7. Provision has been made for the filing  by  the  company  with  the   commissioner  and  the  New  York  state  housing finance agency of such   financial statements including  an  annual  report  setting  forth  such   information as the commissioner may require; and8. Provision has been made for the examination by the commissioner and   the  New  York  state housing finance agency of the books and records of   the company.
NY Ment Hygiene L § 75.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.21 - Rates and Fees.

§ 75.21 Rates and fees.A  company  shall,  with the approval of the commissioner, fix maximum   rates and fees to be charged in-patients or out-patients of each project   for the  facilities  and  services  provided  by  the  company  to  such   in-patients  or out-patients, the average of such rates and fees for any   one project not to exceed the maximum average rates and fees  determined   by  the  commissioner before any commitments are made by the company for   the  construction,  acquisition,  reconstruction,   rehabilitation,   or   improvement  of  the  project.  The commissioner upon his own motion, or   upon application by the company or lienholder may  vary  the  amount  of   such rates and fees from time to time so as to secure, together with all   other   income  of  the  company,  sufficient  income  to  meet,  within   reasonable limits, all necessary payments by the  said  company  of  all   expenses, including fixed charges, sinking funds, and reserves.
NY Ment Hygiene L § 75.23 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.23 - Transfer of Real Property.

§ 75.23 Transfer of real property.Notwithstanding  any  requirement  of  law  to  the  contrary  or  any   provision of any general, special or local law,  charter  or  ordinance,   every  executor,  administrator,  trustee,  guardian,  or  other  person   holding trust funds or  acting  in  a  fiduciary  capacity,  unless  the   instrument  under  which such fiduciary is acting expressly forbids, and   the state, its subdivisions, municipalities, all  other  public  bodies,   all  public  officers, persons, partnerships, and corporations owning or   holding any real property, may grant, sell, lease, or otherwise transfer   any such real property or interest therein to a company and receive  and   hold  any  cash, exchanged therefor by such company and may execute such   instruments and do such acts as may be deemed necessary or desirable  by   them  or  it and by the company in connection with a project or projects   and such sale, lease, or transfer may be made without public auction  or   bidding;  provided,  however, that where such real property is within an   urban renewal area, the disposition thereof shall be in accordance  with   the  provisions  of  paragraph  (d)  of  subdivision two of section five   hundred seven of the general municipal law.
NY Ment Hygiene L § 75.25 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.25 - Supervision and Regulation.

§ 75.25 Supervision and regulation.  (a)  The  commissioner  may  from time to time make, alter, amend, and repeal  rules  and  regulations  for   the   supervision,   examination, regulation,  and  audit  of  companies  and for carrying into effect the provisions and purposes of this article, and each company  shall  submit an annual report of its operations to the commissioner, and the New York state  housing  finance  agency or a lending institution if the mortgage loan was received from such lending  institution  who  may  examine  and audit the books and records of the company at any time.  (b)  The  commissioner and the department of mental hygiene shall have power to act for and in behalf of the agency in servicing  the  mortgage loans  of  the  agency,  and  to  perform such functions and services in connection with the making, servicing, and collection of such  loans  as shall be requested by the agency.  (c)  Notwithstanding  any  inconsistent  provision  of law, general or special,  the  health  and   mental   hygiene   facilities   improvement corporation  is  hereby authorized and empowered to render such services as may be requested by  the  commissioner  in  the  performance  of  his duties,  powers,  and  functions  pursuant  to  the  provisions  of this article. The commissioner shall reimburse the health and mental  hygiene facilities  improvement corporation for the actual and necessary cost of all services so performed.  (d) 1. The commissioner and the department of mental hygiene may, with respect to any project of which  the  New  York  state  housing  finance agency  has  acquired the fee or otherwise, enter into an agreement with said agency subject to the approval of the director of the  budget,  for the department of mental hygiene, as provided in paragraph (two) hereof, to  operate the said project in a manner consistent with the purposes of this article.  In  such  event,  the  commissioner,  on  behalf  of  the department  of mental hygiene, shall have the power to use any available funds to pay all operating expenses and to comply with all the terms and provisions of  the  mortgage,  as  though  the  mortgage  had  not  been foreclosed, and to comply with the provisions of this article.   2.  Subject  to  the provisions of the agreement with said agency, the commissioner may contract with any person, firm, or corporation which he deems qualified to operate and manage such project and to  perform  such duties and functions as he may deem necessary.
NY Ment Hygiene L § 75.27 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.27 - Voluntary Dissolution.

§ 75.27 Voluntary dissolution.At  any  time after the expiration of twenty years after the occupancy   date, or such earlier date as the bonds issued by  the  New  York  state   housing  finance  agency  with  respect  to  the  project are subject to   redemption, a company may be voluntarily dissolved, with the consent  of   the  commissioner,  upon  repayment in full of all obligations under the   mortgage and payment of all obligations of the company, as  approved  by   the commissioner.
NY Ment Hygiene L § 75.29 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.29 - Foreclosures and Judgments.

§ 75.29 Foreclosures and judgments.  (a)  In  any foreclosure action the commissioner shall be made a party defendant. He shall take all steps necessary to protect the interests of the  public  therein  and  no  costs  shall  be  awarded  against   him. Foreclosures  shall not be decreed unless the court to which application is made shall be satisfied that  the  interests  of  the  lienholder  or holders cannot be adequately assured except by the sale of the property. In  any  such  proceeding,  the court shall be authorized to appoint the commissioner as receiver of the property, or to  grant  such  other  and further relief as may be reasonable and proper.  (b) Notwithstanding the foregoing provisions of this section, wherever it  shall  appear  that  the New York state housing finance agency shall have loaned on a mortgage which is a first lien upon any such  property, such  New  York state housing finance agency shall have all the remedies available to a mortgagee under the laws of the state of New  York,  free from  any  restrictions  contained  in  this  section,  except  that the commissioner shall be made a party defendant and that  the  commissioner shall  take  all  steps necessary to protect the interests of the public and no costs shall be awarded against him.  (c) In the event of a judgment against a company  in  any  action  not pertaining  to the collection of a mortgage indebtedness, there shall be no sale of any of the real property of such company  except  upon  sixty days'  written notice to the commissioner and the New York state housing finance agency. Upon receipt of such notice  the  commissioner  and  the agency  shall  take  such steps as in their judgment may be necessary to protect the rights of all parties.
NY Ment Hygiene L § 75.33 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.33 - Fees and Charges.

§ 75.33 Fees and charges.The commissioner may by regulation establish and charge to any company   such fees and charges for inspection, regulation, supervision, and audit   as  to  the  commissioner  may  appear  just  and reasonable in order to   recover the departmental costs in performing these functions.
NY Ment Hygiene L § 75.35 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 75 - Community Mental Health Services and Mental Retardation Services Companies 75.35 - Separability.

§ 75.35 Separability.If  any  clause, sentence, paragraph, or part of this article shall be   adjudged by any court of competent  jurisdiction  to  be  invalid,  such   judgment  shall not affect, impair, or invalidate the remainder thereof,   but shall  be  confined  in  its  operation  to  the  clause,  sentence,   paragraph, section, or part thereof directly involved in the controversy   in which such judgment shall have been rendered.
NY Ment Hygiene L § 79.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration 79.01 - Definitions.

§ 79.01 Definitions. As used in this article:The   term   "person"  includes  a  partnership,  corporation,  or  an   association.The  term  "administration"  means   the   United   States   veterans'   administration or its successor.The  terms "estate" and "income" shall include only moneys received by   the guardian from the administration and  all  earnings,  interest,  and   profits derived therefrom.The term "benefits" shall mean all moneys payable by the United States   through the administration.The  term "director" means the director of the United States veterans'   administration or his successor.The term "ward" means a beneficiary of the administration.The term "guardian" as used herein shall mean any person acting  as  a   fiduciary for a ward.
NY Ment Hygiene L § 79.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 79 - Proceedings Relative to Incompetent Veterans and Infant Wards of the United States Veterans' Administration 79.03 - Application.

§ 79.03 Application.Whenever,  pursuant  to  any law of the United States or regulation of   the administration, the director requires, prior to payment of benefits,   that a guardian be appointed for a ward, such appointment shall be  made   in the manner hereinafter provided. The provisions of this article shall   apply  only  to the wards of the administration and with respect to such   wards, except as herein otherwise specifically provided, shall supersede   any inconsistent provision of law relating to incompetents, conservatees   or infants.