NY Soc Serv L § 43 (2021)
2021 New York Laws SOS - Social Services Article 2-A - Shelter and Supported Housing Programs Title 1 - Homeless Housing and Assistance Program 43 - Homeless Housing and Assistance Contracts.

§ 43. Homeless housing and assistance contracts.  1. Within the limits of  funds  available  in  the  homeless housing and assistance fund, the commissioner  is  hereby  authorized  to  enter  into   contracts   with municipalities  to  provide  state  financial assistance for the project costs attributable to the establishment of  homeless  housing  projects. The municipalities that enter into contracts with the commissioner shall undertake  the  establishment  of  the homeless housing project or shall contract with a not-for-profit corporation or charitable organization to undertake the project, pursuant to this article.   2. Subject to  the  approval  of  the  director  of  the  budget,  the commissioner   is   hereby  authorized  to  enter  into  contracts  with not-for-profit corporations or subsidiaries thereof, public corporations or charitable organizations or subsidiaries  thereof  to  provide  state financial   assistance   for  the  project  costs  attributable  to  the establishment of homeless projects.   3. The state financial assistance shall be  in  the  form  of  grants, loans  or  loan  guarantees, as the commissioner may determine provided, however, that financial assistance  to  a  for-profit  subsidiary  of  a not-for-profit  corporation  or  of a charitable organization must be in the form of  a  loan  or  loan  guarantee.  Any  loan  to  a  for-profit subsidiary  shall  be  repaid  under  such  terms  as  will  protect the financial viability of the project.  Subject  to  the  approval  of  the division  of  the budget, the commissioner may contract with other state agencies,  public  benefit  corporation's  or  private  institutions  to administer  a  loan or loan guarantee program pursuant to regulations to be promulgated by the commissioner.   4. The commissioner shall   require that, in order  to  receive  funds pursuant  to  this article, the municipality, not-for-profit corporation or subsidiary thereof, public corporation or charitable organization  or subsidiary  thereof  must  submit  an  operating  plan.  Such plan shall include:  (a) the manner in which the operating expenses of the project shall be met;  (b) the services that will be provided to homeless persons,  including procedures for intake, referral and outreach;  (c)  the  responsibilities  of  the  municipality  and social services district for the operation of the project;  (d) the specific population that will be served by the project and how the project will address the population's special needs;  (e) the category of facility proposed to be established; and  (f) evidence demonstrating that such project complies or  will  comply with existing local, state and federal laws and regulations.   5. The commissioner may use up to one percent of the appropriation for any  fiscal  year  to pay for technical assistance in support of project development and operation.  Technical assistance may include  assistance with   general  project  development  and  operation,  support  services development, architecture and engineering, legal services and  financial services  and  may  be  provided  by  individuals  and not-for-profit or business corporations. The providers of technical  assistance  shall  be chosen  by  the  department  based on such information as the department shall require in a request for proposals or  in  any  other  competitive process which satisfies the provisions of the state finance law.   6.  Prior  to  entering  into  a  contract  for  the establishment and operation  of  a  homeless  project  pursuant  to  this   section,   the commissioner  shall  determine  that  the  not-for-profit corporation or subsidiary thereof, public corporation  or  charitable  organization  or subsidiary  thereof that proposes to undertake the homeless project is a bona fide organization  which shall have demonstrated by  its  past  and  current  activities  that  it  has  the  ability  to maintain, manage or operate  homeless  projects,  that  the  organization   is   financially responsible,  that  the  proposed project is financially viable and that the  project plan has been determined to be appropriate for the needs of the homeless in the relevant community.   7. Every contract entered into for the establishment and operation  of a  homeless  project  pursuant to this article shall contain a provision that in the event the property which is the  subject  of  such  contract ceases  to  be  used  as  a  homeless project during a seven-year period commencing with the date  of  the  commissioner's  written  approval  of occupancy  of the homeless project, or such longer period of time as may be established in the contract, or in  case  of  any  other  substantial violation,  the  commissioner may terminate the contract and may require the repayment of any moneys previously  advanced  to  the  municipality, not-for-profit  corporation or subsidiary thereof, public corporation or charitable organization or subsidiary thereof pursuant to the  terms  of such  contract.  Where the municipality has entered into a contract with a not-for-profit corporation or subsidiary thereof,  public  corporation or  charitable organization or subsidiary thereof, the commissioner may, pursuant to this subdivision, require that  the  municipality  terminate the  contract  with such corporation.  Any money repaid pursuant to this subdivision shall be returned to the  homeless  housing  and  assistance fund.   8. Each contract entered into for the establishment and operation of a homeless  project  pursuant  to  this  article  shall  be subject to the approval of the director of the budget and shall provide for payment  to the  municipality,  not-for-profit  corporation  or  subsidiary thereof, public corporation or charitable organization or subsidiary thereof  for the  project  costs related to the homeless project to be established by it, pursuant to a payment schedule.  The full amount of the contract, or any appropriate portion thereof, as determined by the  commissioner  and subject  to  the  approval  of  the  director  of  the  budget, shall be available for payment at any time on or after the effective date of  the contract.   9.     Notwithstanding  any  other  provision  of  this  article,  the commissioner may, subject to the approval of the director of the budget, enter into contracts to provide  financial  assistance  for  other  than project  costs where such financial assistance can be demonstrated to be necessary; provided, however, that no more than twenty-five  per  centum of the total amount appropriated for the purposes of this article in any fiscal  year  shall  be  allocated  in  contracts for other than project costs. In  determining  whether  financial  assistance  for  other  than project costs is necessary, the commissioner shall consider the proposed project's  plan  for meeting operating expenses, the efforts made by the contracting organizations to secure alternative sources of  funding  for other  than  project  costs,  and such other factors as the commissioner shall deem appropriate.   10. Notwithstanding any other provision of  this  article,  the  state shall  not,  in  the  exercise  of its responsibilities pursuant to this article, assume the legal title to projects developed pursuant  to  this article.   11.   The   municipality,  not-for-profit  corporation  or  subsidiary thereof, public corporation or  charitable  organization  or  subsidiary thereof  seeking  financial  assistance  pursuant to this article shall, within thirty days of its application for such  assistance,  notify  the local  planning board, as defined by section twenty-seven of the general city law, section two hundred seventy-one of the town law, section 7-718 of the village law, or section eighty-four of the charter of the city of  New York, appropriate for the geographic  area  in  which  the  proposed homeless  project  would  be  located, and shall provide such board with information regarding the proposed homeless project.