Assembly Bill A9841A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9841--A

                          I N  A S S E M B L Y

                            February 3, 2010
                               ___________

Introduced by M. of A. DINOWITZ, JAFFEE, MILLMAN, HYER-SPENCER, BENEDET-
  TO,  BOYLAND,  GUNTHER, LUPARDO, COOK, MARKEY, N. RIVERA, GOTTFRIED --
  Multi-Sponsored by -- M. of A. ALFANO, CRESPO, DESTITO, GLICK,  MAGEE,
  McENENY,  McKEVITT, PHEFFER, ROBINSON -- read once and referred to the
  Committee on Aging --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  elder  law,  in relation to considering in-kind
  support in determining grantees of the naturally occurring  retirement
  community supportive service program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (d) and (k) of subdivision 4 of section  209  of
the elder law are amended to read as follows:
  (d)  the  financial  OR IN-KIND support required to be provided to the
project by the owners, managers and residents of  the  housing  develop-
ment; provided, however, that such criteria need not address whether the
funding is public or private, or the source of such support;
  (k)  a  requirement  that any aid provided pursuant to this section be
matched by an equal amount, IN-KIND SUPPORT  OF  EQUAL  VALUE,  OR  SOME
COMBINATION  THEREOF  from  other  sources,  PROVIDED  THAT SUCH IN-KIND
SUPPORT TO BE UTILIZED ONLY UPON APPROVAL FROM THE DIRECTOR AND ONLY  TO
THE  EXTENT  MATCHING FUNDS ARE NOT AVAILABLE, and that at least twenty-
five percent of such amount be contributed by  the  housing  development
governing  body  or other owners or managers and residents of the apart-
ment buildings and housing complexes in which the project  is  proposed;
and
  S 2. Subparagraph 6 of paragraph (c) of subdivision 5-a of section 209
of  the  elder law, as added by section 2 of part E of chapter 58 of the
laws of 2005, is amended to read as follows:
  (6) a requirement that the applicant commit to raising matching funds,
IN-KIND SUPPORT, OR SOME  COMBINATION  THEREOF  from  non-state  sources
[of],  PROVIDED THAT SUCH IN-KIND SUPPORT BE UTILIZED ONLY UPON APPROVAL
FROM THE DIRECTOR AND ONLY TO THE EXTENT MATCHING FUNDS ARE  NOT  AVAIL-
ABLE,  EQUAL  TO  fifteen  percent of the state grant in the second year

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15415-02-0

A. 9841--A                          2

after the program is approved, twenty-five percent in  the  third  year,
forty  percent  in the fourth year, and fifty percent in the fifth year,
and further commit that  in  each  year,  twenty-five  percent  of  such
required  matching  funds,  IN-KIND  SUPPORT,  OR COMBINATION THEREOF be
raised within the community served. Such local community matching funds,
IN-KIND SUPPORT, OR COMBINATION THEREOF shall include but not be limited
to:  dues, fees for service, individual and community contributions, and
such other funds as the advisory committee and the director  shall  deem
appropriate;
  S 3. This act shall take effect immediately.