S T A T E O F N E W Y O R K
________________________________________________________________________
2217
2009-2010 Regular Sessions
I N S E N A T E
February 13, 2009
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Aging
AN ACT to amend the elder law, in relation to expanding the coverage 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. Section 209 of the elder law, subdivision 5-a as added and
the opening paragraph of subdivision 8 as amended by section 2 of part E
of chapter 58 of the laws of 2005, subdivision 6 as added and subdivi-
sions 7 and 8 as renumbered by chapter 82 of the laws of 2008, is
amended to read as follows:
S 209. Naturally occurring retirement community supportive service
program. 1. As used in this section:
(a) "Advisory committee" or "committee" shall mean the advisory
committee convened by the director pursuant to subdivision [three] TWO
of this section. Such committee shall be broadly representative of hous-
ing and senior citizen groups, and all geographic areas of the state.
(b) "Elderly" or "elderly persons" shall mean persons who are sixty
years of age or older [and who are heads of households].
(c) "Eligible applicant" shall mean a not-for-profit agency specializ-
ing in housing, health or other human services which serves or would
serve the community within which a naturally occurring retirement commu-
nity is located.
(d) "Eligible services" shall mean services including, but not limited
to: case management, care coordination, counseling, health assessment
and monitoring, transportation, socialization activities, home care
facilitation and monitoring, and other services designed to address the
needs of residents of naturally occurring retirement communities by
helping them extend their independence, improve their quality of life,
and avoid unnecessary hospital and nursing home stays.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03454-01-9
S. 2217 2
(e) ["Government assistance" shall mean and be broadly interpreted to
mean any monetary assistance provided by the federal, the state or a
local government, or any agency thereof, or any authority or public
benefit corporation, in any form, including loans or loan subsidies, for
the construction of an apartment building or housing complex for low and
moderate income persons, as such term is defined by the United States
Department of Housing and Urban Development.
(f)] "Naturally occurring retirement community" shall mean an apart-
ment building or housing complex OR OTHER HOUSING WITH A LARGE CONCEN-
TRATION OF ELDERLY, which:
(1) [was constructed with government assistance;
(2)] was not [originally built] DEVELOPED for elderly persons;
[(3)] (2) does not restrict admissions solely to the elderly;
[(4) fifty percent of the units have an occupant who is elderly or in
which twenty-five hundred]
(3) FORTY-FIVE PERCENT OF THE OCCUPANTS OF WHICH ARE ELDERLY OR IN
WHICH TWO HUNDRED FIFTY of the residents are elderly; and
[(5)] (4) a majority of the elderly to be served are low or moderate
income, as defined by the United States Department of Housing and Urban
Development.
2. [A naturally occurring retirement community supportive service
program is established as a demonstration program to be administered by
the director.
3.] The director shall convene an advisory committee to aid in devel-
oping appropriate criteria for the selection of grantees of funds
provided pursuant to this section. The functions otherwise required to
be performed by the advisory committee shall be performed by the direc-
tor until such committee is convened; provided, however, that the direc-
tor shall under no circumstances perform such functions after the expi-
ration of six months after the effective date of this section.
[4.] 3. The criteria recommended by the committee and adopted by the
director 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;
provided, that the committee and 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 avail-
able, applications for eligible applicants, other requirements of this
section, ABILITY TO COORDINATE SERVICES AND PLANNING WITH THE AREA AGEN-
CY ON AGING and other criteria developed by the committee and director;
(b) the appropriate number and concentration of elderly 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 elderly to be served in any individual building;
(c) the demographic characteristics of the residents to be served;
(d) the financial support required to be provided to the project by
the owners, managers and residents of the housing development; provided,
however, that such criteria need not address whether the funding is
public or private, or the source of such support;
(e) the scope and intensity of the services to be provided, and their
appropriateness for the residents proposed to be served. 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;
(f) the experience and financial stability of the applicant agency,
[provided that the criteria shall require that priority be given to
S. 2217 3
programs already in operation, including those projects participating in
the resident advisor program administered by the office, and enriched
housing programs] which meet the requirements of this section and which
have demonstrated to the satisfaction of the director [and the commit-
tee] their fiscal and managerial stability and programmatic success in
serving residents;
(g) the nature and extent of requirements proposed to be established
for active, meaningful participation for residents proposed to be served
in project design, implementation, monitoring, evaluation and gover-
nance;
(h) an agreement by the applicant to participate in [the] data
collection and evaluation project [necessary] SUFFICIENT to complete the
[report required by this section] REPORTING REQUIREMENTS ESTABLISHED BY
THE DIRECTOR;
(i) 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 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;
(j) a requirement that each eligible agency document the need for the
project and financial commitments to it from such sources as the commit-
tee and 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 manag-
ers of the apartment buildings and housing complexes. 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 manage-
rial ability to sustain the project;
(k) a requirement that any aid provided pursuant to this section be
matched by an equal amount from other sources 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
(l) 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 (k) 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 committee shall develop appropriate criteria
for determining whether a community is a low income or hardship communi-
ty.
[5.] 4. Within amounts specifically appropriated therefor and consist-
ent with the criteria developed and required pursuant to this section
the director shall approve grants to eligible applicants in amounts not
to exceed one hundred fifty thousand dollars for a project in any twelve
month period. [The director shall not approve more than ten grants in
the first twelve month period after the effective date of this section.
5-a.] 5. The director may, in addition recognize neighborhood
naturally occurring retirement communities, or Neighborhood NORCs, and
provide program support within amounts specifically available by appro-
S. 2217 4
priation therefor, which shall be subject to the requirements, rules and
regulations of this section, provided however that:
(a) the term Neighborhood NORC as used in this subdivision shall mean
and refer to a residential dwelling or group of residential dwellings in
a geographically defined neighborhood of a municipality containing not
more than two thousand persons who are elderly reside in at least forty
percent of the units and which is made up of low-rise buildings six
stories or less in height and/or single and multi-family homes and which
area was not originally developed for elderly persons, and which does
not restrict admission strictly to the elderly;
(b) grants to an eligible Neighborhood NORC shall be no less than
sixty thousand dollars for any twelve-month period;
(c) the director shall convene an advisory committee to help develop
criteria for the selection of grants provided pursuant to this section.
The functions otherwise required to be performed by the advisory commit-
tee shall be performed by the director until the committee is convened,
or for six months after the effective date of this subdivision, whichev-
er occurs earlier. The criteria recommended by the committee and adopted
by the director for the award of grants shall be consistent with the
provisions of this subdivision and shall include, at a minimum, the
following requirements or items of information using such criteria as
the advisory committee and the director shall approve:
(1) the number, size, type and location of residential dwellings or
group of residential dwellings selected as candidates for [neighborhood]
NEIGHBORHOOD NORCs funding. The director shall make reasonable efforts
to assure that geographic balance in the distribution of such grants is
maintained, consistent with the needs to be addressed, funding avail-
able, applications from eligible applicants, ability to coordinate
services and other requirements of this section;
(2) the appropriate number and concentration of elderly residents to
be served by an individual Neighborhood NORC. The criteria need not
specify the number of elderly to be served in any individual building;
(3) the demographic characteristics of the residents to be served;
(4) a requirement that the applicant demonstrate the development or
intent to develop community wide support from residents, neighborhood
associations, community groups, nonprofit organizations and others;
(5) a requirement that the boundaries of the geographic area to be
served are clear and coherent and create an identifiable program and
supportive community;
(6) a requirement that the applicant commit to raising matching funds
from non-state sources of fifteen percent of the state grant in the
second year 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 be raised within the community served. Such
local community matching funds 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 appro-
priate;
(7) a requirement that the applicant demonstrate experience and finan-
cial stability;
(8) a requirement that priority in selection be given to programs in
existence prior to the effective date of this subdivision which, except
for designation and funding requirements established herein, would have
otherwise generally qualified as a Neighborhood NORC;
S. 2217 5
(9) a requirement that the applicant conduct or 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;
(10) a requirement that residents to be served shall be involved in
design, implementation, monitoring, evaluation and governance of the
Neighborhood NORC;
(11) an agreement by the applicant that it will participate in the
data collection and evaluation necessary to complete the reporting
requirements as established by the director;
(12) 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 NORC, provided that the criteria shall require a
clear delineation of such policy and program roles;
(13) a requirement that each applicant document the need for the grant
and financial commitments to it from such sources as the advisory
committee and the director shall deem appropriate given the character
and nature of the proposed Neighborhood NORC and written evidence of
support from the community;
(14) 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 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 Neighborhood NORC 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 fund-
ing available. For purposes of this paragraph, a hardship community may
be one that has developed a successful model but which needs additional
time to raise matching funds required herein. An applicant applying for
a hardship exception shall submit a written plan in a form and manner
determined by the director detailing its plans to meet the matching
funds requirement in the succeeding year;
(15) a requirement that any proposed Neighborhood NORC in a geograph-
ically defined neighborhood of a municipality containing more than two
thousand seniors shall require the review and recommendation by the
advisory committee before being approved by the director;
(d) on or before March first, two thousand eight, the director shall
report to the governor and the fiscal and aging committees of the senate
and the assembly concerning the effectiveness of Neighborhood NORCs in
achieving the objectives set forth by this subdivision. Such report
shall address each of the items required for Neighborhood NORCs in
achieving the objectives set forth in this section and such other items
of information as the director shall deem appropriate, including recom-
mendations concerning continuation or modification of the program, and
any recommendations from the advisory committee.
(e) in providing program support for Neighborhood NORCs as authorized
by this subdivision, the director shall in no event divert or transfer
funding for grants or program support from any naturally occurring
retirement community supportive service programs authorized pursuant to
other provisions of this section.
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
S. 2217 6
elderly persons; (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 boun-
daries of the program. The director shall establish procedures under
which a program may request the ability to provide such services.
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 five, 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, other than Neighborhood NORCs, as defined in subdivision five-a
of this section, in achieving the objectives set forth by this section,
which include helping to address the needs of residents in such
naturally occurring retirement communities, assuring access to a contin-
uum 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
and the committee, and shall note any divergence between the recommenda-
tions of the director and the committee. 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 number, size, type and location of the projects proposed but
not funded, and the reasons for denial of funding for such projects;
(c) the age, sex, religion and other appropriate demographic informa-
tion concerning the residents served;
(d) the services provided to residents, reported in such manner as to
allow comparison of services by demographic group and region;
(e) a listing of the services provided by eligible applicants, includ-
ing the number, kind and intensity of such services; and
(f) a listing of other organizations providing services, the number,
kind and intensity of such services, the number of referrals to such
organizations and, to the extent practicable, the outcomes of such
referrals.]
S 2. Such moneys as may be necessary to effect the purposes of this
act shall be appropriated to the director of the office for the aging
for expenses associated with such purposes, but in no event shall funds
be diverted from any of the naturally occurring retirement community
supportive service programs in existence prior to the effective date of
this act.
S 3. This act shall take effect immediately.
