N.Y. Social Services Law 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.
Terms Used In N.Y. Social Services Law 44
- charitable organization: shall mean entities established pursuant to the not-for-profit corporation law or otherwise established pursuant to law. See N.Y. Social Services Law 42
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Public corporation: shall mean a municipal corporation, a district corporation, or a public benefit corporation. See N.Y. Social Services Law 42
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.