reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.18 - Vending facility operating agreements with licensees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    commission will enter into an operating agreement with a licensee to operate a
		    specific vending facility. Such agreement will be on forms prepared by the
		    commission and will set forth:
(1) an
		    inventory of commission-owned equipment;
(2) the required days and hours of
		    operation;
(3) a list of approved
		    merchandise for sale;
(4) a
		    statement regarding vending machines or vending machine commissions which may
		    comprise part or all of the vending facility;
(5) a statement indicating that the licensee
		    agrees to operate the vending facility in compliance with all applicable State
		    and Federal laws and regulations, and all commission policies and procedures,
		    including any changes thereto;
(6)
		    a statement that the use or presence of alcoholic beverages and illegal drugs
		    at the vending facility, with the exception of alcoholic beverages used in food
		    preparation, are strictly prohibited;
(7) a statement that the licensee may not
		    discriminate against any person or persons because of sex, race, age, creed,
		    color, national origin, sexual orientation, military status, marital status,
		    physical or mental disability, political affiliation, domestic violence victim
		    status, predisposing genetic characteristics or any other basis prohibited by
		    the Executive Law sections 291-296 in furnishing, or by refusing to furnish to
		    such person or persons, the use of any vending facility, including any and all
		    services, privileges, accommodations and activities provided by the licensee;
		    and
(8) the signatures of the
		    licensee and a representative of the commission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.19 - Location and operation of vending facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    commission is authorized to establish vending facilities, including vending
		    machines pursuant to section
		    729.20(a) 
		    of this Part, on State property, property of instrumentalities of the State,
		    and property of other entities, including counties or municipalities. Vending
		    facilities may also be established on locations other than State-owned or
		    leased property, including private property.
(b) The commission, pursuant to the
		    provisions of section 729.19(l)  of this Part, may request the New York State
		    Office of General Services to enter into a lease for space for vending
		    facilities on other than State-owned or leased property, or instrumentalities
		    of the State. In determining whether to locate a vending facility on other than
		    State-owned or leased property, or instrumentalities of the State, the
		    commission will consider the costs of:
(1)
		    rental fees;
(2)
		    utilities;
(3)
		    maintenance;
(4) trash removal;
		    and
(5) any other costs which may
		    be required in such leases.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.21 - State Committee of Blind Vendors

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    The commission will conduct the biennial election of a Committee of Blind
		    vending facility managers which will be called the State Committee of Blind
		    Vendors and which will represent all licensees in the Business Enterprise
		    Program on the basis of such factors as geography and vending facility type.
		    Insofar as practicable, there will be proportional representation of licensees
		    on Federal, State and other property. Any licensee in good standing with the
		    Business Enterprise Program may vote for, or be elected, as a committee person.
		    The right to vote or be elected pursuant to this Part is not conditioned upon
		    the payment of dues or any other fees.
(b) The State Committee of Blind Vendors
		    will:
(1) actively participate with the
		    commission in major administrative, policy and program development decisions
		    affecting the operation of the Business Enterprise Program;
(2) receive and transmit to the commission,
		    grievances of licensees and serve as representatives for such licensees
		    concerning such grievances;
(3)
		    actively participate with the commission in the development and administration
		    of a State system for the transfer and promotion of licensees;
(4) actively participate with the commission
		    in the development of training and retraining programs for licensees;
(5) as necessary, sponsor, with the
		    assistance of the commission, meetings, and instructional conferences for
		    licensees within the State. The costs related to a licensee's participation at
		    such meetings and instructional conferences will be considered management
		    services provided through the commission.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.22 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any licensee
		    dissatisfied with any action, taken by the commission regarding the Business
		    Enterprise Program, may request a hearing to be held pursuant to this Part. The
		    hearing must be requested within 60 days of the action taken by the commission.
		    The request must specify the action taken with which the licensee is
		    dissatisfied, and identify any notice the licensee may have received from the
		    commission.
(b) Notice of hearing.
(1) For a hearing held to review an action by
		    the commission, the notice must specify the date, time and place of the
		    hearing, the manner in which the hearing will be conducted, and the action
		    taken by the commission that is challenged.
(2) The notice of hearing sent pursuant to
		    this paragraph must be delivered in person or by mail at least 14 days before
		    the date of the hearing. The notice must be sent:
(i) to the blind licensee at the licensee's
		    last known address in his or her preferred format; and
(ii) to the commission.
(3) The notice of hearing sent pursuant to
		    paragraph (1) of this subdivision also must inform the blind licensee:
(i) of his or her right upon written notice
		    to the commission to examine the record and any documents to be offered into
		    evidence prior to the hearing;
(ii)
		    of his or her opportunity to present evidence and arguments on issues of fact
		    and law at the hearing;
(iii) of
		    his or her right to be represented by an attorney or other representative of
		    his or her choice;
(iv) of his or
		    her right to cross-examine witnesses and to examine any document or item
		    offered into evidence;
(v) that all
		    witnesses will be sworn;
(vi) that
		    the hearing will be recorded verbatim; and
(vii) of the action(s) challenged and
		    issue(s) to be decided at the hearing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter J - COMMISSION FOR THE BLIND AND VISUALLY HANDICAPPED › Part 729 - BUSINESS ENTERPRISE PROGRAM › Section 729.23 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
The commission will request and maintain records and make
			 reports in such form as the commissioner may require. The commission will make
			 such records available for audit purposes, and comply with such provisions as
			 the commissioner may find necessary to the correctness and verification of such
			 reports.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall govern the process and
			 protocols for the Office of Temporary and Disability Assistance in assessing,
			 and the social services districts in identifying, an individual as a
			 State-confirmed human trafficking victim in New York State. In conjunction with
			 the Division of Criminal Justice Services and Part 6174 of Title 9 NYCRR, the
			 Office of Victim Services, and the Office for the Prevention of Domestic
			 Violence, this Part shall also include defining the participant parties, the
			 victim, the nature of the consultative role in the confirmation and appeal
			 processes, and the process for required notifications, referrals and assistance
			 to the prescribed parties.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.3 - Minors

Current through Register Vol. 46, No. 28, July 10, 2024
If a subject of referral is under the age of 18 at the time
			 of referral to the division and the office, the following actions must be taken
			 regardless of whether the subject of referral is deemed a State-confirmed human
			 trafficking victim:
(a) the office
		    shall, as soon as practicable, notify the social services district in the
		    county where the subject of referral was found; and
(b) the social services district shall
		    provide to such minor any services to which the minor is entitled under
		    applicable law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.4 - Consultation

Current through Register Vol. 46, No. 28, July 10, 2024
Within three business days of receipt of a referral by a
			 statutory referral source, the office shall notify the division in writing of
			 its assessment regarding whether a subject of referral is a State-confirmed
			 human trafficking victim.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.5 - Notice of confirmation

Current through Register Vol. 46, No. 28, July 10, 2024
Within three business days of receipt of written notice
			 from the division, the office shall notify the subject of referral and
			 statutory referral source in writing that, in the judgement of the division, in
			 consultation with the office and statutory referral source, the subject of
			 referral is a State-confirmed human trafficking victim. Such notice shall
			 include a written referral for services from a case management provider or from
			 any other available source.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.6 - Referrals for assistance

Current through Register Vol. 46, No. 28, July 10, 2024
When providing a written referral for services from a case
			 management provider or from any available source to a State-confirmed human
			 trafficking victim, the office shall:
(a) refer a State-confirmed human trafficking
		    victim who appears to meet the criteria for other certification as a victim of
		    a severe form of trafficking in persons pursuant to the Federal Trafficking
		    Victims Protection Act set forth in section 7105 of 22 U.S.C. (United States
		    Code Annotated, Title 22, section 7105; Thomson West, West Headquarters, 610
		    Opperman Drive, Eagan, MN 55123. Copies may be obtained from the Office of
		    Temporary and Disability Assistance, Public Information Office, 40 North Pearl
		    Street, Albany, NY 12243- 0001) to a case management provider, and shall also
		    notify that case management provider of the referral; or
(b) refer a State-confirmed human trafficking
		    victim who appears to be otherwise eligible for any Federal, State, or local
		    benefits and services to the social services district in which the person
		    resides and to any other available source of assistance, and shall also notify
		    that social services district and any other available source of assistance of
		    the referral; or
(c) refer a
		    State-confirmed human trafficking victim who is under the age of 18 to the
		    social services district in the county where such minor was found and to any
		    other available source of assistance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter K - Victims Of Human Trafficking › Part 765 - Confirmation As A State-confirmed Human Trafficking Victim › Section 765.7 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
If the commissioner of the division reverses a denial of
			 confirmation pursuant to section
			 6174.4(a) and (b) of Title 9 NYCRR, and notifies the office of
			 its determination in writing, the office shall follow the procedures set forth
			 in this part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Homeless
		    Housing and Assistance Program, under the administration of the New York State
		    Department of Social Services, provides State financial assistance to construct
		    or rehabilitate housing for the homeless which may include other nonhousing
		    services such as, but not limited to dining, recreational, sanitary, social,
		    medical and mental disability services as may be deemed by the commissioner to
		    be essential to such a project. This State financial assistance will be
		    provided through direct contracts with municipalities, not-for-profit
		    corporations or charitable organizations, wholly owned subsidiaries of
		    not-for-profit corporations or of charitable organizations, and public
		    corporations for the provision of such housing.
(b) In accordance with the purposes of the
		    Homeless Housing and Assistance Program, the commissioner shall make awards to
		    fund a range of projects, which shall include diverse populations, located in a
		    variety of geographical areas, making use of different types and sizes of
		    buildings, supported by innovative support service components, utilizing
		    building plans appropriate to the needs of the population to be served, with
		    emphasis on noninstitutional types of projects, and, where applicable, relying
		    upon a combination of State and other funding sources.
(c) These regulations are issued by the
		    Department of Social Services by authority of, and in order to implement, the
		    Homeless Housing and Assistance Program of 1983, article 2A of the Social
		    Services Law.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.3 - Applicant eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Applicants eligible for State financial assistance pursuant to this Part will
		    be limited to municipalities, not-for-profit corporations or subsidiaries
		    thereof, public corporations or charitable organizations or subsidiaries
		    thereof. A corporation or charitable organization applying under this Part must
		    submit a certified copy of its certificate of incorporation.
(b) An applicant shall have the demonstrated
		    ability to preserve, construct, repair, maintain, renovate, rehabilitate,
		    manage and/or operate homeless housing accommodations. Demonstration of such
		    ability may be based on:
(1) previous
		    activities of the applicant or a predecessor organization;
(2) experience of members of the board of
		    directors or officers of the applicant; or
(3) experience of any other organization
		    which, in conjunction with the applicant is to carry out the homeless housing
		    project.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.4 - Community eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Projects requesting funding pursuant to this Part shall be approved in
		    neighborhoods or communities determined by the department to be in need of new
		    or expanded housing accommodations for homeless persons. Such determination
		    shall be based on lack of or imminent loss of such housing and the need for it
		    as shown by the presence of a local population of such persons. Such indicies
		    as the loss of low-income or single-room occupancy housing units, the number of
		    low-income single persons or families requiring supportive services, or other
		    factors as determined by the commissioner shall be provided by the applicant
		    and may be taken into account in rendering such a judgment.
(b) An applicant shall provide documentary
		    evidence satisfactory to the department of opportunity for community review and
		    comment both for the development of a homeless project in the community, and
		    for the sponsorship and execution of such a project by the applicant, within 30
		    days of application.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.5 - Project eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
		    homeless project proposal must set forth its plan to preserve, upgrade or
		    operate a building or buildings for use as a homeless project by:
(1) acquiring, improving, constructing,
		    renovating or rehabilitating buildings for such use;
(2) managing such housing for persons in need
		    of such accommodations; and
(3)
		    providing or arranging for such nonhousing services as are appropriate to the
		    proposed population.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.6 - Funding limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
		    applicant shall demonstrate to the satisfaction of the department the projected
		    availability and source of monies to meet other capital expenditures and
		    program development costs not to be funded under this Part. The department may
		    issue a time-limited letter of intent to commit funds under this Part if such
		    commitment is necessary to secure other sources of funding for project costs.
		    Final contracts, however, will not be awarded under this Part if completion of
		    the project remains contingent upon the receipt of additional outside funding
		    that has not been obtained.
(b) The
		    applicant must show to the satisfaction of the department an ability to
		    administer the project in accordance with the provisions of this Part for a
		    period of seven years or a longer period if required by the department. Such a
		    demonstration must include a detailed budget for the first year and projections
		    for future years including, where appropriate, a statement of the assumptions
		    upon which the projections are based.
(c) An applicant whose project would require
		    certification by a State agency must otherwise satisfy the requirements of such
		    agency for the financial viability of the project.
(d) A single municipality shall not be
		    awarded a contract or contracts which would result in that municipality
		    receiving more than 50 percent of the total amount appropriated to the Homeless
		    Housing and Assistance Fund in any fiscal year.
(e) No more than 25 percent of the total
		    amount appropriated to the Homeless Housing and Assistance Fund may be
		    allocated to provide financial assistance for allowable "other than project"
		    costs where such financial assistance can be demonstrated to be necessary. 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.
(f) Projects which are eligible for capital
		    expenditures and program development costs from other sources of funding must
		    have applied for and/or fully obligated awards from those sources before
		    applying funds under this Part, in order to maximize the effect of State
		    financial assistance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.8 - Other than project costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
		    more than 25 percent of the total amount appropriated under this Part for the
		    purposes of this Article shall be allocated in any year in any contracts for
		    other than project costs.
(b) In
		    determining whether State financial assistance for these costs is necessary,
		    the commissioner shall consider the proposed project's plan for meeting
		    operating expenses, the efforts made by the contracting organization to secure
		    alternative sources of funding for other than project costs, and such other
		    factors as the commissioner shall deem appropriate.
(c) Proposals which seek funds for other than
		    project costs shall be considered only if it can be shown that all sources and
		    alternatives for meeting such costs have been exhausted, that the costs are
		    reasonable, and that the need for such cash funds will not be
		    ongoing.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.9 - Contract provisions and performance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every contract under the Homeless Housing
		    and Assistance Program must contain a provision requiring that the property
		    which is the subject of such contract continue to be used and operated for the
		    purposes specified in the contract for a period of seven years commencing with
		    the date of the department's written approval of occupancy of the homeless
		    project, or such longer period of time as may be established in the contract.
		    If the property ceases to be so used, or in the case of any other substantial
		    violation of law, regulation or contract which is not corrected or remedied
		    within 30 days, the commissioner may terminate the contract upon 30 days'
		    written notice to the contracting organization. Upon such termination, the
		    department may require the repayment to the department of any monies previously
		    paid to the contracting organization pursuant to the terms of the
		    contract.
(b) Every contract
		    entered into pursuant to this Part shall specify the items of work to be
		    performed, a time schedule for such work, a budget showing which items are to
		    be funded under the contract(s), other work items necessary for the completion
		    of the project and the sources of funds necessary to complete said additional
		    work items.
(c) Contracts entered
		    into pursuant to this Part must provide for ongoing supervision, review and
		    evaluation of contract performance by the department. In order to permit such
		    review and to enable the department to carry out its statutory duty to evaluate
		    and report to the Governor and the Legislature on the Homeless Housing and
		    Assistance Program, the contracting organization must provide such reports and
		    information as the department may request and must permit access to the project
		    facility by the department at all reasonable times.
(d) Without limiting the powers of the
		    department under subdivision (c) of this section to require any other reports
		    and information, each contractor shall furnish to the department in such form
		    and detail as the department may prescribe:
(1) progress reports, at a frequency to be
		    determined by the department, during the period of expenditure of project
		    funds;
(2) quarterly reports during
		    the first year of occupancy on project financial operations, demographic data
		    and other information relating to project operations;
(3) reports during each year of the contract
		    on project financial operations, demographic data and other information
		    relating to project operations; and
(4) a projected annual operating budget for
		    each upcoming year of the project operation under the contract.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 800 - Homeless Housing And Assistance Program › Section 800.10 - Conflict of interests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
		    member of the board of directors of any applicant corporation or officers of
		    such corporation, or employees of a municipality entering into a contract under
		    the Homeless Housing and Assistance Program, nor any member of their immediate
		    families, may receive financial remuneration directly or indirectly under the
		    contract.
(b) No member of the
		    board of directors of any applicant corporation or officers of any such
		    corporation or employees of a municipality or any member of their immediate
		    families shall benefit financially either directly or indirectly from the
		    corporation's or municipality's participation in the program, unless: such
		    action is necessary for the accomplishment of the project and such relationship
		    has been disclosed to the department.
(c) No member of the following categories of
		    persons may serve as an employee, officer, member of the board of directors or
		    consultant to corporation or organization, or as an employee of a municipality,
		    that is a contractor under this Part, or may receive financial remuneration
		    either directly or indirectly under any such contract, unless such position or
		    relationship has been disclosed to and approved by the department:
(1) persons holding elective public office or
		    members of their personal staffs or immediate families;
(2) persons holding the political party
		    offices of Assembly District Leader, or State or County Committee Member, as
		    defined in the Election Law, or members of their immediate families;
		    and
(3) employees of the
		    department, other State agencies or local governmental agencies or their
		    immediate families.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
It is the purpose of this Part to establish a prompt
			 payment policy for the Homeless Housing and Assistance Corporation
			 (corporation), to set forth the standards for the payment of bills by the
			 corporation within specific periods of time and to prescribe interest penalties
			 in situations where payments do not conform to these
			 standards.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.2 - Prompt payment policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the corporation to process contract
			 payments efficiently and expeditiously so as to assure payment in a timely
			 manner to contractors which do business with the corporation and to avoid, to
			 the greatest extent practicable, the payment of interest in cases where prompt
			 payment does not occur as provided in this Part.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms have the following meanings, unless the
			 context clearly indicates otherwise:
(a) Contract means an enforceable agreement
		    entered into between the corporation and a contractor.
(b) Contract payment means a payment to a
		    contractor pursuant to a written contract or an amendment thereto, signed by an
		    authorized officer of the corporation and of the contractor, a fully executed
		    change order or an executed purchase order.
(c) Contractor means a person, partnership,
		    private corporation or association:
(1)
		    selling materials, equipment, or supplies or leasing property or equipment to
		    the corporation;
(2) constructing,
		    reconstructing, rehabilitating or repairing facilities or making other
		    improvements for or on behalf of the corporation; or
(3) rendering or providing services to the
		    corporation pursuant to a contract.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.4 - Prompt payment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each
		    contractor requesting payment from the corporation must submit to the
		    designated payment office of the corporation a proper invoice and adequate
		    documentation to support the payment for goods or services furnished to the
		    corporation. A proper invoice will be paid no later than 30 calendar days,
		    excluding legal holidays, after receipt by such office. The corporation will
		    submit a warrant for payment of a proper invoice to the Department of Taxation
		    and Finance within 30 days of receipt of said proper invoice.
(b) If the corporation fails to submit a
		    warrant for payment of a proper invoice to the Department of Taxation and
		    Finance within the 30-day period described in subdivision (a) of this section,
		    such payment will be subject to interest at a rate equal to the overpayment
		    rate set by the State Tax Commission for corporate taxes pursuant to section 1096 (e)(1)  of the Tax
		    Law.
(c) The corporation is not
		    liable for payment of interest when such interest as computed pursuant to the
		    provisions of paragraph (b) of this subdivision is less than $10.
(d) The corporation will pay interest with
		    monies drawn from interest earnings on investments, or from other available
		    sources of funds.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.5 - Extension of prompt payment date

Current through Register Vol. 46, No. 28, July 10, 2024
The date by which a proper invoice may be paid without the
			 accruing of interest may be extended beyond the payment date specified in
			 section
			 801.4(a) 
			 of this Part when any of the following facts or conditions exists:
(a) the contractor fails to comply with the
		    terms of its contract;
(b) the
		    corporation, in accordance with the terms of its contract with the contractor,
		    finds it to be necessary or desirable to conduct an inspection, test, audit or
		    review of contract activity to determine whether such activity for which
		    payment is requested has been performed in accordance with the terms of the
		    contract;
(c) the necessary State
		    appropriation or advance required to authorize payment has not been enacted or
		    provided to the corporation;
(d) a
		    proper invoice must be examined by the Federal government prior to payment;
		    or
(e) the date by which payment
		    must be made is modified in accordance with section
		    801.7  of
		    this Part.
The corporation is not responsible for the processing time
			 taken by the State Department of Taxation and Finance, the State Division of
			 the Budget, the Office of the State Comptroller, or any external entity not
			 under the corporation's control that is required by statute, regulation or
			 agreement to approve or process corporation payments.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.6 - Interest eligibility and computation

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation will be liable for the payment of interest
			 if the corporation has failed to submit a warrant for payment of a proper
			 invoice to the Department of Taxation and Finance within the 30-day period
			 described in section
			 801.4(a) 
			 of this Part, except when the contract payment is subject to the conditions set
			 forth in section
			 801.5 
			 of this Part. Any time taken to satisfy any of the conditions set forth in
			 section
			 801.5 
			 of this Part will extend by an equal period of time the date by which contract
			 payment must be made in order for the corporation to be liable for interest
			 payments. The corporation is not liable for payment of interest with respect to
			 requests for payments of an advance. Furthermore, the corporation is not liable
			 for payment of interest with respect to any payment to a contractor which does
			 not exceed the contractor's current outstanding advance balance. In the event a
			 request for payment submitted by a contractor exceeds the outstanding advance
			 balance of the contractor, any interest due to late payment will be calculated
			 only on the amount of the request for payment which exceeds the advance
			 balance.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.7 - Notification of defects

Current through Register Vol. 46, No. 28, July 10, 2024
The corporation will have 15 calendar days after receipt of
			 an invoice by the designated payment office to notify the contractor of:
(a) defects in the delivered goods, property,
		    or services;
(b) defects in the
		    invoice; or
(c) suspected
		    improprieties of any kind.
The existence of such defects or improprieties will delay
			 the commencement of the time period specified in section
			 801.4  of
			 this Part until such defects or improprieties are corrected. Notification to
			 contractors under this section must be in the form of a standardized letter. If
			 the corporation fails to notify a contractor of such defects or suspected
			 improprieties within 15 calendar days of receiving the invoice, the number of
			 days allowed for payment of the corrected proper invoice will be reduced by the
			 number of days between the 15th day after receipt of the original invoice and
			 the day that notification was transmitted to the contractor. If the corporation
			 fails to provide reasonable grounds for its contention that a defect or
			 impropriety exists, the date by which the contract payment must be made in
			 order for the corporation not to become liable for interest payments will be
			 calculated from the date of receipt of a proper invoice.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.8 - Pre-determined interval payments

Current through Register Vol. 46, No. 28, July 10, 2024
A proper invoice submitted by the contractor will be
			 required to initiate any payment by the corporation, except where the contract
			 provides that the contractor will be paid at pre-determined intervals without
			 having to submit an invoice for each such scheduled payment. For the purpose of
			 determining eligibility for payment of interest and subject to the provisions
			 of sections
			 801.5
			 and
			 801.6 
			 of this Part, the date by which contract payment must be made in order for the
			 corporation not to be liable for interest payments will be the payment due date
			 specified in the contract.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.9 - Inapplicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part do not apply to payments due
			 and owing by the corporation:
(a)
		    under the Eminent Domain Procedure Law;
(b) as interest allowed on judgments rendered
		    by a court pursuant to any provision of law other than section 2880 of the PAL;
		    and
(c) to the Federal government;
		    to any State agency or its instrumentalities; to any duly constituted unit of
		    local government including, but not limited to, counties, cities, towns,
		    villages, school districts, special districts, or any of their related
		    instrumentalities; to any other public authority or public benefit corporation;
		    or to its employees when acting in, or incidental to, their public employment
		    capacity.
In addition, the provisions of this Part do not apply in
			 situations where the corporation exercises a legally authorized setoff against
			 all or part of a payment due a contractor.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.10 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statement
		    filing. The corporation will, within 30 days after adoption of this Part, file
		    a copy of such Part, and any amendments thereto, with the State Comptroller,
		    the Director of the Budget, the Chairman of the Senate Finance Committee, and
		    the Chairman of the Assembly Ways and Means Committee.
(b) Annual report. Within 90 days after the
		    end of each fiscal year, the corporation will prepare an annual report on the
		    scope and implementation of this prompt payment policy. The report will
		    include, but not be limited to, the following:
(1) a listing of the types or categories of
		    contracts which the corporation entered into during the 12-month period of the
		    report with an indication whether each such contract was subject to the prompt
		    payment requirements, and if not, why not;
(2) the number and amount of interest
		    payments made for contracts, arranged according to each such type or
		    category;
(3) the number of
		    interest chargeable days, and the total number of days taken to process each
		    late contract payment; and
(4) a
		    summary of the principal reasons why such late payments had to be made.
Copies of this report must be filed with the State
			 Comptroller, the Director of the Budget, the Chairman of the Senate Finance
			 Committee and the Chairman of the Assembly Ways and Means
			 Committee.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 801 - Prompt Payment Policy Of The New York State Homeless Housing And Assistance Corporation › Section 801.11 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    Statement amendment. The corporation has the power to amend this policy
		    statement by promulgating amended regulations at any time.
(b) Contract incorporation. The policy
		    statement contained in this Part which is in effect at the time of the creation
		    of a contract which is to be executed by the corporation and a contractor is
		    hereby incorporated into and made a part of that contact.
(c) Public access. The corporation must make
		    copies of this policy statement, as well as the annual report, available to the
		    public upon reasonable request at the corporation's main office. In addition,
		    the corporation must provide a copy of this policy statement to each
		    contractor.
(d) Legal processes.
		    The corporation is under no liability to pay interest pursuant to section 2880
		    of the PAL after a contractor has filed a claim or given notice of an intention
		    to file a claim or commenced legal action for payment of interest.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
		    of this Part apply to any facility providing shelter and services to homeless
		    families which:
(1) shelters 10 or more
		    homeless families;
(2) is operated
		    by a local social services district or receives payment from such district for
		    the provision of shelter and services to homeless families; and
(3) is not a hotel or motel, or a facility
		    which provides families with shelter substantially similar to a house or an
		    apartment, and which includes individual private cooking areas and private
		    bathrooms except as provided in subdivisions (b) and (c) of this section.
In addition, this Part applied to any facility requiring an
			 operational plan pursuant to section
			 352.8(b)(2) 
			 of this Title.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Family. For
		    purposes of this Part, a family means two or more persons or a pregnant woman
		    who has no other children living with her who:
(1) constitute a household in receipt of the
		    Emergency Assistance to Needy Families with Children, Family Assistance, Safety
		    Net Assistance, Veteran Assistance, Emergency Assistance to Aged, Blind and
		    Disabled Persons, or Supplemental Security Income programs, and any other
		    persons related to a member of such household who are eligible for Emergency
		    Assistance to Families, Family Assistance, Safety Net Assistance, Veteran
		    Assistance, Emergency Assistance to Adults, or Supplemental Security Income;
		    or
(2) although not currently in
		    receipt of Emergency Assistance to Needy Families with Children, Family
		    Assistance, Safety Net Assistance, Veteran Assistance, Emergency Assistance to
		    Aged, Blind and Disabled Persons or Supplemental Security Income benefits,
		    applies for such benefits and are found eligible for participation in such
		    programs.
New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter L - Homeless Housing And Assistance Program › Part 900 - Shelters For Families With Children › Section 900.4 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All regulations
		    contained in this Part apply to all facilities providing shelter and services
		    to homeless families for which a social services district seeks reimbursement
		    under this Part, unless a waiver request by the social services district is
		    submitted to and approved in writing by the department. A waiver request may be
		    approved at the discretion of the department for good cause shown.
(b) In approving a waiver request the
		    department may require that additional procedures be implemented to protect
		    residents' health and safety.
(c)
		    All waiver requests approved by the department pursuant to this section will
		    remain in effect only for so long as the department determines appropriate.
		    From time to time, as appropriate, the department will review waivers to
		    determine whether they should be continued, provided, however, that where a
		    waiver of paragraph (3) or (4) of section
		    900.15(c) 
		    or section
		    900.16(f) 
		    of this Part has been granted, at least every six months the department will
		    review whether the waiver should be continued.