2023 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.