reglab/housing_qa huggingface dataset:
NY Ment Hygiene L § 41.36 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.36 - Community Residential Facilities.

§ 41.36 Community residential facilities.   The  commissioner  of  developmental  disabilities  shall  establish a procedure, subject to the approval of  the  state  comptroller,  whereby payments  in  addition to the personal allowance of an individual living in a community residential facility may be made to providers of services for one or more of the following needs of individuals residing  in  such facilities, limited to two hundred fifty dollars per individual per year and paid semi-annually in the manner specified by such procedures:  (a) Replacement of necessary clothing;  (b) Personal requirements and incidental needs of individuals residing in the facility;  (c)  Recreational  and  cultural activities of individuals residing in the facility. Such payments may be made from monies appropriated to  the office  for  this  purpose. Such payments shall be audited by the office pursuant to an audit plan approved by the comptroller.
NY Ment Hygiene L § 41.38 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.38 - Rental and Mortgage Payments of Community Residential Facilities for the Mentally Ill.

§ 41.38 Rental and mortgage payments of community residential facilitiesfor the mentally ill.Notwithstanding  any  inconsistent  provision  of  this  article,  the   commissioner may reimburse voluntary agencies for the reasonable cost of   rental of or the reasonable mortgage payment or the reasonable principal   and interest payment on a loan for the purpose of financing an ownership   interest in, and proprietary lease from, an organization formed for  the   purpose of the cooperative ownership of real estate, together with other   necessary  costs  associated with rental or ownership of property, for a   community residence or a residential care center for  adults  under  his   jurisdiction  less any income received from a state or federal agency or   third party insurer which is specifically intended to offset the cost of   rental of the facility or housing a client at the facility,  subject  to   the  availability  of  appropriations  therefor  and such commissioner's   certification  of  the  reasonableness  of  the  rental  cost,  mortgage   payment,  principal  and  interest payment on a loan as provided in this   section or other necessary costs associated with rental or ownership  of   property, with the approval of the director of the budget.
NY Ment Hygiene L § 41.39 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.39 - Vocational Programs; Sheltered Workshop Industrial Contract Income.

§ 41.39 Vocational  programs;  sheltered  workshop  industrial  contract           income.  (a)  The  commissioner  of  mental  health  and  the  commissioner  of developmental  disabilities  shall, consistent with the state integrated employment implementation plan developed pursuant to subdivision two  of section  one  thousand  four-b  of  the  education  law,  and subject to appropriations made therefor,  to  develop  and  support  services  that provide  individuals  with  mental disabilities the opportunity to learn and develop employment related skills and work experience, including but not  limited  to   sheltered   workshops   and   integrated   employment opportunities,  including  supported employment, as provided pursuant to sections one thousand four-a and one thousand four-b  of  the  education law. Such programs shall, to the extent possible:   1.  be  integrated with and not duplicate employment programs provided through the state education department and  shall  ensure  that  funding provided  pursuant  to this subdivision is not used for the provision of services that are the responsibility of other state agencies pursuant to the plan developed pursuant to subdivision two of section  one  thousand four-b of the education law;   2.  provide  an array of rehabilitation and support services necessary to meet the individual's vocational and career developmental needs;   3. integrate the office's vocational programs and other needed support services  including  but  not  limited  to:   clinical,   social,   case management,   residential   and   transportation   services   to  ensure flexibility in meeting the needs of individuals  in  transition  between program models; and   4.  provide  each  individual with the appropriate supports to achieve and maintain employment in  the  most  integrated  setting  appropriate, while maximizing each individuals personal strengths and preferences.  (b)  Notwithstanding  any  other  provisions  of  this article, income realized by a voluntary not-for-profit agency from industrial  contracts entered  into pursuant to its operation of a sheltered workshop shall be matched dollar for dollar by an  office  of  the  department  of  mental hygiene through direct contract with the agency provided that no part of the  expenses  of such sheltered workshop are claimed through a contract with  the  local  governmental  unit  which  is  receiving  funding  for reimbursement  of  such  expenses from the same office of the department provided that such sheltered workshop is operating in accordance with an approved local services plan. In  no  event  shall  any  combination  of income  including  state  aid exceed the total cost of operation of such sheltered workshop.
NY Ment Hygiene L § 41.40 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.40 - Small Community Residential Facilities.

* § 41.40 Small community residential facilities.The   commissioner   of  the  office  for  people  with  developmental   disabilities is directed to submit to the governor and  the  legislature   no  later  than January first, nineteen hundred ninety-one, a report and   recommendations of actions necessary to  encourage  the  development  of   small  community  residential programs including programs of ten beds or   less. Such report and recommendations shall consider:1. adequate operating costs associated with such facilities  for  each   geographic region of the state;2.  a  capital reimbursement methodology to promote and facilitate the   development of small community residential facilities;3. the need for individuals who are severely disabled to live in small   community residential facilities; and4. the need of local  providers  of  service  to  make  determinations   regarding the size, structure and character of new community residential   facilities  in  order  to  make  such  facilities  compatible  with  the   character of local neighborhoods.* NB There are 2 § 41.40
NY Ment Hygiene L § 41.41 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.41 - Rights of Persons With Developmental Disabilities.

§ 41.41 Rights of persons with developmental disabilities.   1. Each person who resides in a community residence has the same basic and  legal  rights as all other persons of the same age. Such rights are in no  way  diminished  by  the  fact  that  such  persons  who  have  a developmental disability live in a community residence.   2.  In  order to ensure that such residents are able to lead a life of dignity,  the  commissioner  shall  include  in  rules  and  regulations promulgated for community residence a statement of the rights of persons living  in  such  community  residences  which shall include, but not be limited to:  (a) The right to request an alternative residential setting, either  a new  residence  or  change in roommates, and to be involved in decisions regarding such changes.  (b)  The  right  to  privacy,  and  sufficient  space   for   personal belongings.  (c) The right to receive visits by families, friends and guardians and to  make  such  visits;  such right includes the right to privacy during such visits.  (d) The right to receive and send communications freely.  (e) The right to be free from physical or psychological restraints  or pressure, subject to the provisions of section 33.04 of this chapter.  (f)  The  right to engage in appropriate activities although some risk may be involved.  (g) The right to a balanced and nutritious diet.  (h) The right to appropriate medical and dental care  and  the  right, either  personally  or  through  parents  or guardians, in the choice of physician and dentist.  (i) The right to appropriate clothing for  age  and  season,  and  the right to be involved in the selection.  (j)  The  right  to meaningful and productive activities within his or her capacity.  (k) The right to be informed regularly of their financial  status  and to be provided assistance in the use of their resources, as appropriate.  (l) The right to the use of their personal money and property.  (m)  The  right  of  access  to  meaningful  recreation  and community programs,  and  the  right  to  participate  in  the  planning  of  such activities.  (n)  The  right  to participate in the religion of their choice, on an individual as well as a group basis.  (o) The right to receive assistance and guidance from staff.  (p) The right to vote; and the right to participate in activities that educate  persons  with  developmental  disabilities   in   their   civic responsibilities.  (q)  The right to participate with staff in the establishment of house rules.  (r) The right of the resident,  their  parents  or  guardians,  to  be informed  of  the  resident's  rights  under law and regulation, and the guaranty that such rights shall not be abridged.  (s) The right of the residents, their parents or guardians to  express grievances, concerns and suggestions, without fear of reprisal.
NY Ment Hygiene L § 41.42 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.42 - Family Support Programs.

§ 41.42 Family support programs.The  commissioner  of mental health, directly or through contract, and   within amounts made available therefor, shall establish a family support   program. The purpose of the program shall be to examine  the  impact  of   the  provision  of  educational and support services on the incidence of   hospitalization. Such services  shall  be  provided  to  family  members   caring for chronically, mentally ill relatives at home and shall include   but  not  be  limited  to  ongoing psychoeducational training which will   enhance the family's ability to care for disabled relatives at  home  by   assisting  them  in  understanding  the  nature  and cause of the mental   illness and providing them with the knowledge of strategies for handling   the symptoms and behavior of disabled family members.  The  commissioner   may  authorize  the  development  of  a training curriculum, and a staff   training program to implement this program and to design and  carry  out   an evaluation of this program.
NY Ment Hygiene L § 41.45 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.45 - Development Grants for Residential Care Centers for Adults.

§ 41.45 Development grants for residential care centers for adults.The commissioner of mental health is authorized, within appropriations   made  therefor, to make grants to local governmental units and voluntary   agencies for up to one hundred percent of the reasonable pre-operational   costs associated with efforts to establish residential care centers  for   adults, including legal fees and initial management staffing.
NY Ment Hygiene L § 41.46 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.46 - Disclosure by Members, Officers and Employees.

§ 41.46 Disclosure by members, officers and employees.In  the  event  that  an agency licensed by the office for people with   developmental disabilities, the office of mental health or the office of   alcoholism and substance abuse services enters into an agreement or  has   entered  into  an  agreement  for the purchase, lease, rehabilitation or   improvement of real property or a cooperative share  in  real  property,   any  employee who receives an annual salary in excess of thirty thousand   dollars, or any board member, or officer of such agency who has a direct   or indirect interest either financial or  beneficial  in  such  property   including  the  interest  of any person for whom he or she is related by   consanguinity or affinity, shall disclose such  interest  prior  to  the   making of such agreement or at the time of acquisition of such interest.   Disclosure  pursuant  to  this  section  shall be made in writing to the   board of directors of such agency and shall indicate the material  facts   as to the member's, officer's, employee's or relative's interest in such   property  or  cooperative share. Such disclosure shall be filed with the   secretary of the corporation and entered on the minutes of a meeting  of   the  board.  Such  disclosure  shall also be forwarded in writing to the   appropriate commissioner and to the director of  community  services  of   the  local  governmental  unit  within which the property or cooperative   share is located prior to the approval of public funding related to  the   property  or  cooperative  share which is the subject of disclosure made   pursuant to this section or at the  time  of  the  acquisition  of  such   interest, whichever occurs later.
NY Ment Hygiene L § 41.48 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.48 - Real Property Acquisition Options.

§ 41.48 Real property acquisition options.  (a)  Notwithstanding  any  inconsistent  provision of this article and within appropriations made therefor, the commissioners of the office  of mental  health and the office for people with developmental disabilities are authorized upon the  application  of  voluntary  agencies,  to  make payments  for  the reasonable price of options to acquire an interest in real property, for  the  purpose  of  establishing  a  community  mental hygiene  facility.  Such applications shall be made in the manner and on forms prescribed  by  the  appropriate  commissioner.  Sellers  of  real property  who  are  required  to  disclose financial or other beneficial interests in such property under section 41.46 of this article shall not be eligible to receive payments under this section.  (b) The comptroller is authorized, pursuant  to  section  one  hundred fifteen  of  the  state finance law, to establish a cash advance account for the purpose of payment of options under this section. Such  payments may  only  be  made  by a bonded employee, designated by the appropriate commissioner,  from  the  cash  advance  account  established  for  such purpose.  (c)  As used in this section the term "reasonable price" shall mean an amount that is not in excess of guidelines developed by the commissioner of the office of mental health or the commissioner  of  the  office  for people  with  developmental disabilities and approved by the director of the budget and the state comptroller.
NY Ment Hygiene L § 41.50 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.50 - Development Grants for Comprehensive Psychiatric Emergency Programs.

* § 41.50 Development  grants  for  comprehensive  psychiatric emergencyprograms.The commissioner of mental health may, subject to the approval of  the   director  of  the  budget,  make  grants  to  local  governmental units,   voluntary agencies, and general hospitals licensed pursuant  to  article   twenty-eight  of the public health law, for up to one hundred percent of   the reasonable preoperational costs associated with efforts to establish   comprehensive  psychiatric  emergency  programs,  including   reasonable   professional   fees,  reasonable  and  necessary  fees  paid  to  secure   financing, other fees for  services  which  are  necessary  for  project   development,   initial   staffing,   furniture,   equipment,  reasonable   rehabilitation costs, and other reasonable development costs approved by   the commissioner of mental health.* NB Repealed July 1, 2024
NY Ment Hygiene L § 41.51 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.51 - State Aid for Costs of Comprehensive Psychiatric Emergency Programs.

* § 41.51 State  aid  for  costs  of comprehensive psychiatric emergency             programs.  (a) Notwithstanding any inconsistent provision of this article,  local governments  may  be  granted  state aid, subject to appropriations made therefor, for up to one hundred  percent  of  the  net  operating  costs incurred  during  the local fiscal year by such local governments, or by voluntary agencies pursuant to contract with such local governments, for the operation of comprehensive psychiatric emergency  programs  licensed by the commissioner of mental health.  (b)  The commissioner of mental health may, subject to the approval of the director of the budget, directly  contract  with  general  hospitals licensed  pursuant  to article twenty-eight of the public health law, to reimburse  approved  operating  and  capital  costs   of   comprehensive psychiatric  emergency  programs  operated  by  such  general hospitals. Before entering into a direct contract  with  a  general  hospital,  the commissioner  shall  notify  each local governmental unit located within the program's  catchment  area  and  give  the  director  of  the  local governmental  unit  an  opportunity  to  appeal the need for such direct contract. Such appeals shall be informal in  nature  and  the  rules  of evidence shall not apply.   * NB Repealed July 1, 2024
NY Ment Hygiene L § 41.52 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.52 - Community Residential Services for Alcoholism.

§ 41.52 Community residential services for alcoholism.  (a)  The  commissioner  of  alcoholism and substance abuse services is authorized,  within  appropriations  made  therefor,  to   establish   a continuum of community residential services for alcoholism.  (b)  The  commissioner shall establish standards for the operation and funding of community residential services, including but not limited to:  (1) criteria for admission to and continued residence in each type  of community residence;  (2) periodic evaluation of services provided by community residences;  (3) staffing patterns for each type of community residence; and  (4)  guidelines  for determining state aid to community residences, as described in subdivision (c) of this section.  (c) Within amounts  available  therefor  and  subject  to  regulations established by the commissioner and notwithstanding any other provisions of  this  article,  the  commissioner  may  provide  state  aid to local governments and to voluntary agencies in an amount  up  to  one  hundred percent  of  net  operating costs of community residences for alcoholism services. The commissioner shall establish  guidelines  for  determining the  amount  of  state  aid  provided  pursuant  to  this  section.  The guidelines shall be designed  to  enable  the  effective  and  efficient operation  of such residences and shall include, but need not be limited to, standards for determining anticipated revenue, for retention and use of  income  exceeding  the  anticipated  amount  and   for   determining reasonable  levels  of uncollectible income. Such state aid to voluntary agencies shall not be granted unless the proposed community residence is consistent with the relevant local services  plan  adopted  pursuant  to section 41.18 of this article.
NY Ment Hygiene L § 41.53 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.53 - Community Residence Development Grants for Alcoholism Services.

§ 41.53 Community residence development grants for alcoholism services.  (a)  The  commissioner  of  alcoholism and substance abuse services is authorized, within appropriations made therefor, to make grants to local governmental  units  and  voluntary  nonprofit  agencies  developing  an alcoholism community residence as defined in subdivision thirty-eight of section  1.03  of  this  chapter.  Such  grants  shall be limited to the development costs  incurred  prior  to  the  operation  of  a  community residence. Development costs which may be eligible for up to one hundred percent reimbursement under this grant include:  (1) reasonable legal and other professional fees;  (2) initial staffing;  (3) up to six months rent;  (4) furniture; and  (5)  reasonable  rehabilitation costs within guidelines established by the division of the budget.  (b) Application for grants shall be made in the manner  and  on  forms prescribed  by  the  commissioner.  The  commissioner  shall establish a schedule, subject to the approval of the director of the division of the budget, indicating  the  maximum  development  cost  per  bed  for  such community  residences.  Such  schedule  may  include  varying  rates for distinct geographic areas of the state, if in the determination  of  the commissioner  the location of an eligible community residence has direct bearing on the level of development costs.  The  commissioner  may  also establish  varying  rates  based  on  the  size of an eligible community residence.  (c) No grant will be awarded by the commissioner if the projected  per bed  development  cost  for the community residence exceeds the schedule established in subdivision (b) of this section.  (d) No such grant will be awarded unless the  community  residence  is consistent with the local services plan, pursuant to this article.  (e)  The  state comptroller, or his legally authorized representative, is authorized and empowered to examine the books  and  accounts  of  the offices  relating to program development grants and from time to time to examine the books and  accounts  of  each  local  governmental  unit  or voluntary   nonprofit   agency  receiving  such  grants,  including  its receipts, disbursements, contracts, leases, loans and any  other  moneys relating to its financial operation.  (f)  Payments  pursuant to this section shall be made in lieu of state aid for operating costs payable pursuant to any other provision of  this article.
NY Ment Hygiene L § 41.54 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 41 - Local Services 41.54 - Roles and Responsibilities of Certain Board Members.

* § 41.54 Roles and responsibilities of certain board members.Within   appropriations   made   therefor,  the  commissioner  of  the   appropriate office within the department of mental hygiene shall provide   appropriate  information  to  members  of   boards   of   directors   of   organizations  licensed to provide services to mentally disabled persons   relevant to their appropriate roles and responsibilities as  members  of   such  boards  as defined in applicable laws, rules and regulations. This   information may be in the form of a training manual  made  available  to   such boards of directors.* NB There are 2 § 41.54's