S T A T E O F N E W Y O R K
________________________________________________________________________
6823
I N S E N A T E
February 25, 2016
___________
Introduced by Sens. GOLDEN, SERINO, FUNKE -- 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 the supportive service
program for classic and neighborhood naturally occurring retirement
communities
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, as amended by section 41 of
part A of chapter 58 of the laws of 2010, paragraph (b) of subdivision 1
as separately amended by chapter 348 of the laws of 2010, paragraph (d)
of subdivision 1 as amended by chapter 271 of the laws of 2014, para-
graph (d) of subdivision 4 as separately amended by chapter 410 of the
laws of 2010, and paragraph (k) of subdivision 4, subparagraph (6) of
paragraph (c) of subdivision 5-a, and subdivision 6 as amended by chap-
ter 320 of the laws of 2011, 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 for the purposes specified in this
section. Such committee shall be broadly representative of housing and
senior citizen groups, and all geographic areas of the state.
(b) "Older adults" shall mean persons who are sixty years of age or
older.
(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, education regarding the signs of elder
abuse and exploitation and available resources for a senior who is a
suspected victim of elder abuse or exploitation, chemical dependence
counseling provided by credentialed alcoholism and substance abuse coun-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11494-03-6
S. 6823 2
selors as defined in paragraph three of subdivision (d) of section 19.07
of the mental hygiene law and referrals to appropriate chemical depend-
ence counseling providers, 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.
(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", "CLASSIC NATURALLY
OCCURRING RETIREMENT COMMUNITY" OR "CLASSIC NORC" shall mean an apart-
ment building or housing complex which:
(1) [was constructed with government assistance;
(2)] was not originally built for older adults;
[(3)] (2) does not restrict admissions solely to older adults;
[(4)] (3) (A) at least [fifty] FORTY percent of the units have an
occupant who is an older adult; or
(B) in which at least [twenty-five hundred] TWO HUNDRED FIFTY of the
residents OF AN APARTMENT BUILDING are older adults OR FIVE HUNDRED
RESIDENTS OF A HOUSING COMPLEX ARE OLDER ADULTS; and
[(5)] (4) a majority of the older adults to be served are low or
moderate income, as defined by the United States Department of Housing
and Urban Development.
(G) "NEIGHBORHOOD NATURALLY OCCURRING RETIREMENT COMMUNITY" OR "NEIGH-
BORHOOD NORC" SHALL MEAN A RESIDENTIAL DWELLING OR GROUP OF RESIDENTIAL
DWELLINGS IN A GEOGRAPHICALLY DEFINED NEIGHBORHOOD OF A MUNICIPALITY
WHICH:
(1) WAS NOT PREDOMINANTLY DEVELOPED FOR OLDER ADULTS;
(2) DOES NOT PREDOMINANTLY RESTRICT ADMISSION TO OLDER ADULTS;
(3) AT LEAST THIRTY PERCENT OF THE UNITS HAVE AN OCCUPANT WHO IS AN
OLDER ADULT;
(4) IS MADE UP OF LOW-RISE BUILDINGS SIX STORIES OR LESS IN HEIGHT
AND/OR SINGLE AND MULTI-FAMILY HOMES.
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 be assisted by the advisory committee in the
development of appropriate criteria for the selection of grantees of
funds provided pursuant to this section and programmatic issues as
deemed appropriate by the director.
4. The criteria recommended by the committee and adopted by the direc-
tor 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,
INCLUDING THE NUMBER, SIZE, TYPE AND LOCATION OF RESIDENTIAL DWELLINGS
OR GROUP OF RESIDENTIAL DWELLINGS SELECTED AS CANDIDATES FOR INCLUSION
IN A NEIGHBORHOOD NATURALLY OCCURRING RETIREMENT COMMUNITY; provided,
that the committee and director shall make reasonable efforts to assure
that geographic balance in the distribution of such projects is main-
tained, consistent with the needs to be addressed, funding available,
applications for eligible applicants, ABILITY TO COORDINATE SERVICES,
S. 6823 3
other requirements of this section, and other criteria developed by the
committee and director;
(b) the appropriate number and concentration of older adult 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 older adults to be served in any individual building;
(c) the demographic characteristics of the residents to be served;
(d) 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;
(E) IN THE CASE OF NEIGHBORHOOD NATURALLY OCCURRING RETIREMENT COMMU-
NITIES, A REQUIREMENT THAT THE BOUNDARIES OF THE GEOGRAPHIC AREA TO BE
SERVED ARE CLEAR AND COHERENT AND CREATE AN IDENTIFIABLE PROGRAM AND
SUPPORTIVE COMMUNITY;
(F) the financial or in-kind support required to be provided to the
project by the owners, managers and residents of the housing development
OR GEOGRAPHICALLY DEFINED AREA; provided, however, that such criteria
need not address whether the funding is public or private, or the source
of such support;
[(e)] (G) the scope and intensity of the services to be provided, and
their appropriateness for the residents proposed to be served. THE
APPLICANT SHALL 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 PARTIC-
IPATION FOR RESIDENTS. 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.
SUCH SERVICES MAY BE THE SAME AS SERVICES PROVIDED BY THE LOCAL MUNICI-
PALITY OR OTHER COMMUNITY-BASED ORGANIZATION PROVIDED THAT THOSE
SERVICES ARE NOT AVAILABLE TO OR DO NOT ENTIRELY MEET THE NEEDS OF THE
RESIDENTS OF THE CLASSIC OR NEIGHBORHOOD NATURALLY OCCURRING RETIREMENT
COMMUNITY;
[(f)] (H) the experience and financial stability of the applicant
agency, provided that the criteria shall require that priority be given
to 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 PROGRAMS IN EXISTENCE PRIOR TO APRIL FIRST, TWO THOUSAND FIVE WHICH,
EXCEPT FOR DESIGNATION AND FUNDING REQUIREMENTS ESTABLISHED HEREIN,
WOULD HAVE OTHERWISE GENERALLY QUALIFIED AS A NEIGHBORHOOD NATURALLY
OCCURRING RETIREMENT COMMUNITY which have demonstrated to the satisfac-
tion of the director and the committee their fiscal and managerial
stability and programmatic success in serving residents;
[(g)] (I) the [nature and extent of requirements proposed to be estab-
lished] PLAN for active, meaningful participation for residents proposed
to be served in project design, implementation, monitoring, evaluation,
and governance;
[(h)] (J) an agreement by the applicant to participate in the data
collection and evaluation project necessary to complete the report
required by this section;
[(i)] (K) 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
S. 6823 4
complexes. The criteria shall require a clear delineation of such policy
and program roles;
[(j)] (L) a requirement that each eligible agency document the need
for the project and financial commitments to it from such sources as the
committee 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
managers of the apartment buildings and housing complexes IN THE CASE OF
CLASSIC NATURALLY OCCURRING RETIREMENT COMMUNITIES, OR THE GEOGRAPH-
ICALLY DEFINED NEIGHBORHOOD IN THE CASE OF NEIGHBORHOOD NATURALLY OCCUR-
RING RETIREMENT COMMUNITIES. 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 managerial ability to sustain the
project;
[(k)] (M) a requirement that any aid provided pursuant to this section
be matched by an [equal] amount EQUAL TO ONE QUARTER OF THE AID
PROVIDED, CONSISTING OF MONETARY SUPPORT, 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 direc-
tor and only to the extent matching funds are not available[,] and that
at least [twenty-five] FIFTY percent of such [amount] REQUIRED MATCH be
contributed by the housing development governing body or other owners or
managers and residents of the apartment buildings and housing complexes,
OR GEOGRAPHICALLY DEFINED AREA, in which the project is proposed, or,
upon approval by the director, sources in neighborhoods contiguous to
the boundaries of the geographic areas served where services may also be
provided pursuant to subdivision [six] SEVEN of this section; [and]
[(l)] (N) 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)] (M) of this subdivi-
sion, 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[.];
(O) 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 NATURALLY OCCURRING RETIREMENT COMMUNITY, PROVIDED THAT THE
CRITERIA SHALL REQUIRE A CLEAR DELINEATION OF SUCH POLICY AND PROGRAM
ROLES; AND
(P) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, NO CHANGES
MADE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH
AMENDED THIS SECTION SHALL AFFECT THE CONTINUATION OF CONTRACTS PURSUANT
TO THIS SECTION AS IT EXISTED PRIOR TO THE AMENDMENTS MADE BY SUCH CHAP-
TER.
5. Within amounts specifically appropriated therefor and consistent
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.]
GRANTS TO AN ELIGIBLE NEIGHBORHOOD NATURALLY OCCURRING RETIREMENT COMMU-
NITY SHALL BE NO LESS THAN SIXTY THOUSAND DOLLARS FOR ANY TWELVE-MONTH
PERIOD.
S. 6823 5
[5-a. The director may, in addition recognize neighborhood naturally
occurring retirement communities, or Neighborhood NORCs, and provide
program support within amounts specifically available by appropriation
therefor, which shall be subject to the requirements, rules and regu-
lations 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 older adults 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 older adults, and which does
not restrict admission strictly to older adults;
(b) grants to an eligible Neighborhood NORC shall be no less than
sixty thousand dollars for any twelve-month period;
(c) the director shall be assisted by the advisory committee in the
development of criteria for the selection of grants provided pursuant to
this section and programmatic issues as deemed appropriate by the direc-
tor. The criteria recommended by the committee and adopted by the direc-
tor for the award of grants shall be consistent with the provisions of
this subdivision and shall include, at a minimum, the following require-
ments 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
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 available, applica-
tions from eligible applicants, ability to coordinate services and other
requirements of this section;
(2) the appropriate number and concentration of older adult residents
to be served by an individual Neighborhood NORC. The criteria need not
specify the number of older adults to be served in any individual build-
ing;
(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,
in-kind support, or some combination thereof from non-state sources,
provided that such in-kind support be utilized only upon approval from
the director and only to the extent matching funds are not available,
equal to 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, in-kind support, or combination thereof be raised within
the community served and, upon approval by the director, in neighbor-
hoods contiguous to the boundaries of the geographic areas served where
services may also be provided pursuant to subdivision six of this
section. Such local community matching funds, in-kind support, or combi-
nation thereof shall include but not be limited to: dues, fees for
S. 6823 6
service, individual and community contributions, and such other funds as
the advisory committee and the director shall deem appropriate;
(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;
(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 older adults 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] 6. IN providing program support for [Neighborhood NORCs]
NEIGHBORHOOD NATURALLY OCCURRING RETIREMENT COMMUNITIES as authorized by
S. 6823 7
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.] 7. The director may allow services provided by a naturally occur-
ring retirement community supportive service program or by a neighbor-
hood 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 older adults; (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. The
provision of such services shall not affect the funding provided to the
program by the department pursuant to this section.
[7.] 8. The director shall promulgate rules and regulations as neces-
sary to carry out the provisions of this section.
[8.] 9. On or before March first, two thousand [five] EIGHTEEN, AND
EVERY FIVE YEARS THEREAFTER, 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 Neighbor-
hood NORCs, as defined in subdivision five-a of this section,] in
achieving the objectives set forth by this section, which include help-
ing to address the needs of residents in such CLASSIC AND NEIGHBORHOOD
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. This act shall take effect immediately.
