2023 New York Laws › ELD - Elder › Article 2 - Programs for the Elderly › Title 1 - State Office for the Aging › 209 - Naturally Occurring Retirement Community Supportive Service Program.

§  209.  Naturally  occurring  retirement community supportive service
program. 1. As used in this section:
(a) "Older adults" shall mean persons who are sixty years  of  age  or
older.
(b)   "Eligible   applicant"   shall   mean  a  not-for-profit  agency
specializing in housing, health or other human services which serves  or
would  serve the community within which a naturally occurring retirement
community is located.
(c) "Health indicators/performance improvement" shall  mean  a  survey
tool,  database,  and  process  that  provides grantees with performance
outcomes data.
(d) "Eligible services" shall mean the following services provided  by
a  classic  or  neighborhood NORC program, or in coordination with other
entities, including, but not limited to: person centered planning,  case
assistance,  care  coordination, information and assistance, application
and benefit assistance, health care management and assistance, volunteer
services, health promotion  and  linkages  to  prevention  services  and
screenings,  linkages to in-home services, health indicators/performance
improvement, housekeeping/chore,  personal  care,  counseling,  shopping
and/or  meal  preparation  assistance,  escort,  telephone  reassurance,
transportation, friendly visiting, support  groups,  personal  emergency
response  systems  (PERS),  meals,  recreation,  bill paying assistance,
education regarding  the  signs  of  elder  abuse  or  exploitation  and
available  resources  for  a  senior  who is a suspected victim of elder
abuse or exploitation, or identity theft, chemical dependence counseling
provided by credentialed alcoholism and substance  abuse  counselors  as
defined  in  paragraph  three of subdivision (d) of section 19.07 of the
mental hygiene law and  referrals  to  appropriate  chemical  dependence
counseling  providers,  and other services designed to address the needs
of residents of classic and neighborhood NORCS by  helping  them  extend
their  independence,  improve  their quality of life, and maximize their
well-being.
(e) "Naturally occurring  retirement  community",  "classic  naturally
occurring   retirement  community"  or  "classic  NORC"  shall  mean  an
apartment building or housing complex which:
(1) was not predominantly built for older adults;
(2) does not restrict admissions solely to older adults;
(3) (A) at least forty percent of the units have an occupant who is an
older adult; and
(B) in which at least  two  hundred  fifty  of  the  residents  of  an
apartment  building  are  older  adults  or  five hundred residents of a
housing complex are older adults; and
(4) a majority of the older adults to be served are  low  or  moderate
income,  as defined by the United States Department of Housing and Urban
Development.
(f)  "Neighborhood  naturally  occurring  retirement   community"   or
"neighborhood  NORC"  shall  mean  a  residential  dwelling  or group of
residential dwellings in a geographically defined neighborhood or  group
of contiguous neighborhoods which:
(1) was not predominantly developed for older adults;
(2) does not predominantly restrict admission to older adults;
(3)  (A)  in  a  non-rural  area,  has  at least thirty percent of the
residents who are older adults or the units have an occupant who  is  an
older  adult;  (B)  in  a rural area, has at least twenty percent of the
residents who are older adults or the units have an occupant who  is  an
older adult; and
(4) is made up of low-rise buildings six stories or less and/or single
and  multi-family homes, provided, however, that apartment buildings and

housing complexes, including those  that  exceed  six  stories,  may  be
included.
(g)  "Rural  areas"  shall  mean  counties  within  the state having a
population of less than  two  hundred  thousand  persons  including  the
municipalities,  individuals,  institutions,  communities, programs, and
such other entities or resources as are found therein; or,  in  counties
with  a  population  of  two  hundred  thousand  or  more,  towns with a
population density of less than one hundred and fifty persons per square
mile including the  villages,  individuals,  institutions,  communities,
programs, and such other entities or resources as are found therein.
(h)  "Non-rural areas" shall mean any county, city, or town that has a
population or population density greater than that which defines a rural
area pursuant to this subdivision.
2. A  naturally  occurring  retirement  community  supportive  service
program is established as a program to be administered by the director.
3.  The  director shall develop appropriate criteria for the selection
of grantees of funds provided pursuant to this section.
4. The criteria for the award of grants shall be consistent  with  the
provisions of this section and shall include, at a minimum:
(a)  the number, size, type and location of the projects to be served,
including the number, size, type and location of  residential  dwellings
or  group  of residential dwellings selected as candidates for inclusion
in a neighborhood naturally occurring  retirement  community;  provided,
that   the  director  shall  make  reasonable  efforts  to  assure  that
geographic balance in the distribution of such projects  is  maintained,
consistent   with   the   needs  to  be  addressed,  funding  available,
applications for eligible applicants, ability  to  coordinate  services,
other  requirements of this section, and other criteria developed by the
director;
(b) the appropriate number and concentration of older adult  residents
to be served by an individual project; provided, that such criteria need
not  specify, in the case of a project which includes several buildings,
the number of older adults to be served in any individual building;
(c) the demographic characteristics of the residents to be served;
(d) a  requirement  that  the  applicant  demonstrate  community  wide
support  from  residents,  neighborhood  associations, community groups,
nonprofit organizations and others;
(e)  in  the  case  of  neighborhood  naturally  occurring  retirement
communities, a requirement that the boundaries of the geographic area to
be  served are clear and coherent and create an identifiable program and
supportive community;
(f) the financial or in-kind support required to be  provided  to  the
project by the owners, managers and residents of the housing development
or  geographically  defined  area; provided, however, that such criteria
need not address whether the funding is public or private, or the source
of such support;
(g) the scope and intensity of the services to be provided, and  their
appropriateness  for  the residents proposed to be served. The applicant
shall have conducted a needs assessment  on  the  basis  of  which  such
applicant  shall  establish  the  nature  and  extent  of services to be
provided; and  further  that  such  services  shall  provide  a  mix  of
appropriate  services  that  provide active and meaningful participation
for residents. The criteria shall not require that the applicant  agency
be  the  sole  provider  of  such  services,  but shall require that the
applicant at a minimum actively manage the provision of  such  services.
Such  services  may  be  the  same  as  services  provided  by the local
municipality or other community-based organization provided  that  those
services  are  not available to or do not entirely meet the needs of the

residents of the classic or neighborhood naturally occurring  retirement
community;
(h)  the  experience  and financial stability of the applicant agency,
who shall demonstrate to the satisfaction of the director  their  fiscal
and managerial stability and programmatic success in serving residents;
(i)  the  plan  for  active,  meaningful  participation  for residents
proposed to be served in  project  design,  implementation,  monitoring,
evaluation, and governance;
(j)  an  agreement  by the applicant to participate in data collection
and evaluation necessary to implement performance  measures  for  health
indicators/performance  improvement  and complete the report required by
this section;
(k) the policy and program roles of the applicant agency and any other
agencies involved in the provision of services or the management of  the
project,    including   community-based   organizations,   the   housing
development governing body, or other owners or managers of the apartment
buildings and housing complexes and  the  residents  of  such  apartment
buildings  and  housing  complexes.  The  criteria shall require a clear
delineation of such policy and program roles;
(l) a requirement that each eligible agency document the need for  the
project  and  financial  commitments  to  it  from  such  sources as the
director shall deem appropriate given the character and  nature  of  the
proposed  project,  and written evidence of support from the appropriate
housing development governing body or other owners or  managers  of  the
apartment  buildings  and  housing  complexes  in  the  case  of classic
naturally  occurring  retirement  communities,  or  the   geographically
defined  neighborhood  in  the  case of neighborhood naturally occurring
retirement communities. The purpose of such documentation  shall  be  to
demonstrate  the need for the project, support for it in the areas to be
served, and the financial and managerial ability to sustain the project;
(m) a requirement that any aid provided pursuant to  this  section  be
matched  by  an  amount  equal  to  one  quarter  of  the  aid provided,
consisting of monetary support, in-kind  support,  or  some  combination
thereof  from  other  sources,  provided  that  such  in-kind support be
utilized only upon approval from the director and  only  to  the  extent
matching funds are not available and that at least fifty percent of such
required  match be contributed by the housing development governing body
or other owners or managers and residents of the apartment buildings and
housing complexes, or geographically defined area, in which the  project
is proposed, or, upon approval by the director, sources in neighborhoods
contiguous  to  the  boundaries  of  the  geographic  areas served where
services may also be  provided  pursuant  to  subdivision  six  of  this
section;
(n)  the  circumstances under which the director may waive all or part
of the requirement for provision of an  equal  amount  of  funding  from
other  sources  required  pursuant to paragraph (m) of this subdivision,
provided that such criteria shall include provision for  waiver  at  the
discretion  of  the  director  upon  a  finding by the director that the
program will serve a low income or hardship  community,  and  that  such
waiver is required to assure that such community receive a fair share of
the  funding  available. The director shall develop appropriate criteria
for determining  whether  a  community  is  a  low  income  or  hardship
community;
(o) the policy and program roles of the applicant agency and any other
agencies  involved in the provision of services or the management of the
neighborhood naturally occurring retirement community, provided that the
criteria shall require a clear delineation of such  policy  and  program
roles; and
(p)  a  plan for coordination with the designated area agency on aging
to  leverage  additional  services  for  classic  or  neighborhood  NORC
participants.
4-a.  The  director  shall  develop  a  list  of priority and optional
services  from  the  eligible  services  listed  in  paragraph  (d)   of
subdivision  one  of  this section which may be used in the selection of
grantees pursuant to this section.
4-b. Notwithstanding any provision of law to  the  contrary,  priority
shall  be  given  in  any  competitive  bidding or request for proposals
process conducted  for  the  naturally  occurring  retirement  community
supportive  services  program  to  applicants  that  propose  to serve a
building, housing complex, or catchment area that is being served at the
time of the competitive bidding or request for proposals process.
5. Within amounts specifically appropriated  therefor  and  consistent
with  the  criteria  developed and required pursuant to this section the
director shall approve grants to eligible applicants. Individual  grants
awarded  for  classic  NORC  programs  shall be in amounts not to exceed
three hundred thousand ($300,000) dollars and for neighborhood NORCs not
less than sixty thousand ($60,000) dollars in any twelve month period.
6. The director may allow services provided by a  naturally  occurring
retirement  community  supportive  service  program or by a neighborhood
naturally occurring retirement community to  also  include  services  to
residents  who live in neighborhoods contiguous to the boundaries of the
geographic area served by such programs if: (a) the persons  served  are
older  adults;  (b)  the  services affect the health and welfare of such
persons; and (c) the services are provided on a one-time  basis  in  the
year  in  which  they are provided, and not in a manner which is said or
intended to  be  continuous.  The  director  may  also  consent  to  the
provision of such services by such program if the program has received a
grant  which  requires  services  to  be  provided beyond the geographic
boundaries of the program. The director shall establish procedures under
which a program may request the ability to provide  such  services.  The
provision  of such services shall not affect the funding provided to the
program by the department pursuant to this section.
7. The director shall promulgate rules and regulations as necessary to
carry out the provisions of this section.
* 8. On or before March first, two thousand nineteen, and  every  five
years  thereafter,  the  director  shall  report to the governor and the
finance committee of the senate and the ways and means committee of  the
assembly   concerning  the  effectiveness  of  the  naturally  occurring
retirement  community  supportive  services  program  in  achieving  the
objectives  set  forth by this section, which include helping to address
the needs of  residents  in  such  classic  and  neighborhood  naturally
occurring  retirement  communities,  assuring  access  to a continuum of
necessary services, increasing private, philanthropic and  other  public
funding  for  programs,  and preventing unnecessary hospital and nursing
home stays. The report shall  also  include  recommendations  concerning
continuation  or  modification  of  the  program  from the director. The
director  shall  provide  the  required  information   and   any   other
information  deemed appropriate to the report in such form and detail as
will be helpful to the legislature and the governor  in  determining  to
extend,  eliminate  or modify the program including, but not limited to,
the following:
(a) the number, size, type and location of the projects developed  and
funded,  including  the  number,  kinds  and  functions of staff in each
program;
(b)  the  age,  sex,  religion  and  other   appropriate   demographic
information concerning the residents served;
(c)  the services provided to residents, reported in such manner as to
allow comparison of services by demographic group and region;
(d)  a  listing  of  the  services  provided  by  eligible applicants,
including the number, kind and intensity of such services; and
(e) a listing of partner organizations providing services, the number,
kind and intensity of such services, and, to the extent practicable, the
outcomes of such referrals.
* NB Effective until September 1, 2024
* 8. On or before March first, two thousand nineteen, and  every  five
years  thereafter,  the  director  shall  report to the governor and the
finance committee of the senate and the ways and means committee of  the
assembly   concerning  the  effectiveness  of  the  naturally  occurring
retirement  community  supportive  services  program  in  achieving  the
objectives  set  forth by this section, which include helping to address
the needs of  residents  in  such  classic  and  neighborhood  naturally
occurring  retirement  communities,  assuring  access  to a continuum of
necessary services, increasing private, philanthropic and  other  public
funding  for  programs,  and preventing unnecessary hospital and nursing
home stays. The report shall  also  include  recommendations  concerning
continuation  or  modification  of  the  program  from the director. The
director  shall  provide  the  required  information   and   any   other
information  deemed appropriate to the report in such form and detail as
will be helpful to the legislature and the governor  in  determining  to
extend,  eliminate  or modify the program including, but not limited to,
the following:
(a) the number, size, type and location of the projects developed  and
funded,  including  the  number,  kinds  and  functions of staff in each
program;
(b)  the  age,  sex,  religion  and  other   appropriate   demographic
information concerning the residents served;
(c)  the services provided to residents, reported in such manner as to
allow comparison of services by demographic group and region;
(d) a  listing  of  the  services  provided  by  eligible  applicants,
including the number, kind and intensity of such services;
(e) a listing of partner organizations providing services, the number,
kind and intensity of such services, and, to the extent practicable, the
outcomes of such referrals; and
(f)  the  number  of  residents  participating in programs or services
provided under this section who report suffering from  social  isolation
and loneliness and the services provided to residents.
* NB Effective September 1, 2024
9.  In  the  event  that  a  classic or neighborhood NORC is no longer
funded under this section, the  director  shall,  to  the  best  of  the
director's  ability, provide information about nearby services available
to older adults who currently live in such classic or neighborhood NORC.