N.Y. ELD Law § 209

§ 209. Naturally occurring retirement community supportive service\nprogram. 1. As used in this section:\n (a) "Advisory committee" or "committee" shall mean the advisory\ncommittee convened by the director for the purposes specified in this\nsection. Such committee shall be broadly representative of housing and\nsenior citizen groups, and all geographic areas of the state.\n (b) "Older adults" shall mean persons who are sixty years of age or\nolder.\n (c) "Eligible applicant" shall mean a not-for-profit agency\nspecializing in housing, health or other human services which serves or\nwould serve the community within which a naturally occurring retirement\ncommunity is located.\n (d) "Eligible services" shall mean services including, but not limited\nto: case management, care coordination, counseling, health assessment\nand monitoring, transportation, socialization activities, home care\nfacilitation and monitoring, education regarding the signs of elder\nabuse and exploitation and available resources for a senior who is a\nsuspected victim of elder abuse or exploitation, chemical dependence\ncounseling provided by credentialed alcoholism and substance abuse\ncounselors as defined in paragraph three of subdivision (d) of section\n19.07 of the mental hygiene law and referrals to appropriate chemical\ndependence counseling providers, and other services designed to address\nthe needs of residents of naturally occurring retirement communities by\nhelping them extend their independence, improve their quality of life,\nand avoid unnecessary hospital and nursing home stays.\n (e) "Government assistance" shall mean and be broadly interpreted to\nmean any monetary assistance provided by the federal, the state or a\nlocal government, or any agency thereof, or any authority or public\nbenefit corporation, in any form, including loans or loan subsidies, for\nthe construction of an apartment building or housing complex for low and\nmoderate income persons, as such term is defined by the United States\nDepartment of Housing and Urban Development.\n (f) "Naturally occurring retirement community" shall mean an apartment\nbuilding or housing complex which:\n (1) was constructed with government assistance;\n (2) was not originally built for older adults;\n (3) does not restrict admissions solely to older adults;\n (4) at least fifty percent of the units have an occupant who is an\nolder adult or in which at least twenty-five hundred of the residents\nare older adults; and\n (5) a majority of the older adults to be served are low or moderate\nincome, as defined by the United States Department of Housing and Urban\nDevelopment.\n 2. A naturally occurring retirement community supportive service\nprogram is established as a demonstration program to be administered by\nthe director.\n 3. The director shall be assisted by the advisory committee in the\ndevelopment of appropriate criteria for the selection of grantees of\nfunds provided pursuant to this section and programmatic issues as\ndeemed appropriate by the director.\n 4. The criteria recommended by the committee and adopted by the\ndirector for the award of grants shall be consistent with the provisions\nof this section and shall include, at a minimum:\n (a) the number, size, type and location of the projects to be served;\nprovided, that the committee and director shall make reasonable efforts\nto assure that geographic balance in the distribution of such projects\nis maintained, consistent with the needs to be addressed, funding\navailable, applications for eligible applicants, other requirements of\nthis section, and other criteria developed by the committee and\ndirector;\n (b) the appropriate number and concentration of older adult residents\nto be served by an individual project; provided, that such criteria need\nnot specify, in the case of a project which includes several buildings,\nthe number of older adults to be served in any individual building;\n (c) the demographic characteristics of the residents to be served;\n (d) the financial or in-kind support required to be provided to the\nproject by the owners, managers and residents of the housing\ndevelopment; provided, however, that such criteria need not address\nwhether the funding is public or private, or the source of such support;\n (e) the scope and intensity of the services to be provided, and their\nappropriateness for the residents proposed to be served. The criteria\nshall not require that the applicant agency be the sole provider of such\nservices, but shall require that the applicant at a minimum actively\nmanage the provision of such services;\n (f) the experience and financial stability of the applicant agency,\nprovided that the criteria shall require that priority be given to\nprograms already in operation, including those projects participating in\nthe resident advisor program administered by the office, and enriched\nhousing programs which meet the requirements of this section and which\nhave demonstrated to the satisfaction of the director and the committee\ntheir fiscal and managerial stability and programmatic success in\nserving residents;\n (g) the nature and extent of requirements proposed to be established\nfor active, meaningful participation for residents proposed to be served\nin project design, implementation, monitoring, evaluation and\ngovernance;\n (h) an agreement by the applicant to participate in the data\ncollection and evaluation project necessary to complete the report\nrequired by this section;\n (i) the policy and program roles of the applicant agency and any other\nagencies involved in the provision of services or the management of the\nproject, including the housing development governing body, or other\nowners or managers of the apartment buildings and housing complexes and\nthe residents of such apartment buildings and housing complexes. The\ncriteria shall require a clear delineation of such policy and program\nroles;\n (j) a requirement that each eligible agency document the need for the\nproject and financial commitments to it from such sources as the\ncommittee and the director shall deem appropriate given the character\nand nature of the proposed project, and written evidence of support from\nthe appropriate housing development governing body or other owners or\nmanagers of the apartment buildings and housing complexes. The purpose\nof such documentation shall be to demonstrate the need for the project,\nsupport for it in the areas to be served, and the financial and\nmanagerial ability to sustain the project;\n (k) a requirement that any aid provided pursuant to this section be\nmatched by an equal amount, in-kind support of equal value, or some\ncombination thereof from other sources, provided that such in-kind\nsupport to be utilized only upon approval from the director and only to\nthe extent matching funds are not available, and that at least\ntwenty-five percent of such amount be contributed by the housing\ndevelopment governing body or other owners or managers and residents of\nthe apartment buildings and housing complexes in which the project is\nproposed, or, upon approval by the director, sources in neighborhoods\ncontiguous to the boundaries of the geographic areas served where\nservices may also be provided pursuant to subdivision six of this\nsection; and\n (l) the circumstances under which the director may waive all or part\nof the requirement for provision of an equal amount of funding from\nother sources required pursuant to paragraph (k) of this subdivision,\nprovided that such criteria shall include provision for waiver at the\ndiscretion of the director upon a finding by the director that the\nprogram will serve a low income or hardship community, and that such\nwaiver is required to assure that such community receive a fair share of\nthe funding available. The committee shall develop appropriate criteria\nfor determining whether a community is a low income or hardship\ncommunity.\n 5. Within amounts specifically appropriated therefor and consistent\nwith the criteria developed and required pursuant to this section the\ndirector shall approve grants to eligible applicants in amounts not to\nexceed one hundred fifty thousand dollars for a project in any twelve\nmonth period. The director shall not approve more than ten grants in the\nfirst twelve month period after the effective date of this section.\n 5-a. The director may, in addition recognize neighborhood naturally\noccurring retirement communities, or Neighborhood NORCs, and provide\nprogram support within amounts specifically available by appropriation\ntherefor, which shall be subject to the requirements, rules and\nregulations of this section, provided however that:\n (a) the term Neighborhood NORC as used in this subdivision shall mean\nand refer to a residential dwelling or group of residential dwellings in\na geographically defined neighborhood of a municipality containing not\nmore than two thousand persons who are older adults reside in at least\nforty percent of the units and which is made up of low-rise buildings\nsix stories or less in height and/or single and multi-family homes and\nwhich area was not originally developed for older adults, and which does\nnot restrict admission strictly to older adults;\n (b) grants to an eligible Neighborhood NORC shall be no less than\nsixty thousand dollars for any twelve-month period;\n (c) the director shall be assisted by the advisory committee in the\ndevelopment of criteria for the selection of grants provided pursuant to\nthis section and programmatic issues as deemed appropriate by the\ndirector. The criteria recommended by the committee and adopted by the\ndirector for the award of grants shall be consistent with the provisions\nof this subdivision and shall include, at a minimum, the following\nrequirements or items of information using such criteria as the advisory\ncommittee and the director shall approve:\n (1) the number, size, type and location of residential dwellings or\ngroup of residential dwellings selected as candidates for neighborhood\nNORCs funding. The director shall make reasonable efforts to assure that\ngeographic balance in the distribution of such grants is maintained,\nconsistent with the needs to be addressed, funding available,\napplications from eligible applicants, ability to coordinate services\nand other requirements of this section;\n (2) the appropriate number and concentration of older adult residents\nto be served by an individual Neighborhood NORC. The criteria need not\nspecify the number of older adults to be served in any individual\nbuilding;\n (3) the demographic characteristics of the residents to be served;\n (4) a requirement that the applicant demonstrate the development or\nintent to develop community wide support from residents, neighborhood\nassociations, community groups, nonprofit organizations and others;\n (5) a requirement that the boundaries of the geographic area to be\nserved are clear and coherent and create an identifiable program and\nsupportive community;\n (6) a requirement that the applicant commit to raising matching funds,\nin-kind support, or some combination thereof from non-state sources,\nprovided that such in-kind support be utilized only upon approval from\nthe director and only to the extent matching funds are not available,\nequal to fifteen percent of the state grant in the second year after the\nprogram is approved, twenty-five percent in the third year, forty\npercent in the fourth year, and fifty percent in the fifth year, and\nfurther commit that in each year, twenty-five percent of such required\nmatching funds, in-kind support, or combination thereof be raised within\nthe community served and, upon approval by the director, in\nneighborhoods contiguous to the boundaries of the geographic areas\nserved where services may also be provided pursuant to subdivision six\nof this section. Such local community matching funds, in-kind support,\nor combination thereof shall include but not be limited to: dues, fees\nfor service, individual and community contributions, and such other\nfunds as the advisory committee and the director shall deem appropriate;\n (7) a requirement that the applicant demonstrate experience and\nfinancial stability;\n (8) a requirement that priority in selection be given to programs in\nexistence prior to the effective date of this subdivision which, except\nfor designation and funding requirements established herein, would have\notherwise generally qualified as a Neighborhood NORC;\n (9) a requirement that the applicant conduct or have conducted a needs\nassessment on the basis of which such applicant shall establish the\nnature and extent of services to be provided; and further that such\nservices shall provide a mix of appropriate services that provide active\nand meaningful participation for residents;\n (10) a requirement that residents to be served shall be involved in\ndesign, implementation, monitoring, evaluation and governance of the\nNeighborhood NORC;\n (11) an agreement by the applicant that it will participate in the\ndata collection and evaluation necessary to complete the reporting\nrequirements as established by the director;\n (12) the policy and program roles of the applicant agency and any\nother agencies involved in the provision of services or the management\nof the Neighborhood NORC, provided that the criteria shall require a\nclear delineation of such policy and program roles;\n (13) a requirement that each applicant document the need for the grant\nand financial commitments to it from such sources as the advisory\ncommittee and the director shall deem appropriate given the character\nand nature of the proposed Neighborhood NORC and written evidence of\nsupport from the community;\n (14) the circumstances under which the director may waive all or part\nof the requirement for provision of an equal amount of funding from\nother sources required pursuant to this subdivision, provided that such\ncriteria shall include provision for waiver at the discretion of the\ndirector upon a finding by the director that the Neighborhood NORC will\nserve a low income or hardship community, and that such waiver is\nrequired to assure that such community receive a fair share of the\nfunding available. For purposes of this paragraph, a hardship community\nmay be one that has developed a successful model but which needs\nadditional time to raise matching funds required herein. An applicant\napplying for a hardship exception shall submit a written plan in a form\nand manner determined by the director detailing its plans to meet the\nmatching funds requirement in the succeeding year;\n (15) a requirement that any proposed Neighborhood NORC in a\ngeographically defined neighborhood of a municipality containing more\nthan two thousand older adults shall require the review and\nrecommendation by the advisory committee before being approved by the\ndirector;\n (d) on or before March first, two thousand eight, the director shall\nreport to the governor and the fiscal and aging committees of the senate\nand the assembly concerning the effectiveness of Neighborhood NORCs in\nachieving the objectives set forth by this subdivision. Such report\nshall address each of the items required for Neighborhood NORCs in\nachieving the objectives set forth in this section and such other items\nof information as the director shall deem appropriate, including\nrecommendations concerning continuation or modification of the program,\nand any recommendations from the advisory committee.\n (e) in providing program support for Neighborhood NORCs as authorized\nby this subdivision, the director shall in no event divert or transfer\nfunding for grants or program support from any naturally occurring\nretirement community supportive service programs authorized pursuant to\nother provisions of this section.\n 6. The director may allow services provided by a naturally occurring\nretirement community supportive service program or by a neighborhood\nnaturally occurring retirement community to also include services to\nresidents who live in neighborhoods contiguous to the boundaries of the\ngeographic area served by such programs if: (a) the persons served are\nolder adults; (b) the services affect the health and welfare of such\npersons; and (c) the services are provided on a one-time basis in the\nyear in which they are provided, and not in a manner which is said or\nintended to be continuous. The director may also consent to the\nprovision of such services by such program if the program has received a\ngrant which requires services to be provided beyond the geographic\nboundaries of the program. The director shall establish procedures under\nwhich a program may request the ability to provide such services. The\nprovision of such services shall not affect the funding provided to the\nprogram by the department pursuant to this section.\n 7. The director shall promulgate rules and regulations as necessary to\ncarry out the provisions of this section.\n 8. On or before March first, two thousand five, the director shall\nreport to the governor and the finance committee of the senate and the\nways and means committee of the assembly concerning the effectiveness of\nthe naturally occurring retirement community supportive services\nprogram, other than Neighborhood NORCs, as defined in subdivision five-a\nof this section, in achieving the objectives set forth by this section,\nwhich include helping to address the needs of residents in such\nnaturally occurring retirement communities, assuring access to a\ncontinuum of necessary services, increasing private, philanthropic and\nother public funding for programs, and preventing unnecessary hospital\nand nursing home stays. The report shall also include recommendations\nconcerning continuation or modification of the program from the director\nand the committee, and shall note any divergence between the\nrecommendations of the director and the committee. The director shall\nprovide the required information and any other information deemed\nappropriate to the report in such form and detail as will be helpful to\nthe legislature and the governor in determining to extend, eliminate or\nmodify the program including, but not limited to, the following:\n (a) the number, size, type and location of the projects developed and\nfunded, including the number, kinds and functions of staff in each\nprogram;\n (b) the number, size, type and location of the projects proposed but\nnot funded, and the reasons for denial of funding for such projects;\n (c) the age, sex, religion and other appropriate demographic\ninformation concerning the residents served;\n (d) the services provided to residents, reported in such manner as to\nallow comparison of services by demographic group and region;\n (e) a listing of the services provided by eligible applicants,\nincluding the number, kind and intensity of such services; and\n (f) a listing of other organizations providing services, the number,\nkind and intensity of such services, the number of referrals to such\norganizations and, to the extent practicable, the outcomes of such\nreferrals.\n