NY Soc Serv L § 44 (2021)
2021 New York Laws SOS - Social Services Article 2-A - Shelter and Supported Housing Programs Title 1 - Homeless Housing and Assistance Program 44 - General and Administrative Provisions.

§  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 of    such 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.