N.Y. Elder Law § 209: Naturally occurring retirement community supportive service program

§ 209. Naturally occurring retirement community supportive service

program. 1. As used in this section:

(a) "Older adults" shall mean persons who are sixty years of age or

older.

(b) "Eligible applicant" shall mean a not-for-profit agency

specializing in housing, health or other human services which serves or

would serve the community within which a naturally occurring retirement

community is located.

(c) "Health indicators/performance improvement" shall mean a survey

tool, database, and process that provides grantees with performance

outcomes data.

(d) "Eligible services" shall mean the following services provided by

a classic or neighborhood NORC program, or in coordination with other

entities, including, but not limited to: person centered planning, case

assistance, care coordination, information and assistance, application

and benefit assistance, health care management and assistance, volunteer

services, health promotion and linkages to prevention services and

screenings, linkages to in-home services, health indicators/performance

improvement, housekeeping/chore, personal care, counseling, shopping

and/or meal preparation assistance, escort, telephone reassurance,

transportation, friendly visiting, support groups, personal emergency

response systems (PERS), meals, recreation, bill paying assistance,

education regarding the signs of elder abuse or exploitation and

available resources for a senior who is a suspected victim of elder

abuse or exploitation, or identity theft, chemical dependence counseling

provided by credentialed alcoholism and substance abuse counselors as

defined in paragraph three of subdivision (d) of section 19.07 of the

mental hygiene law and referrals to appropriate chemical dependence

counseling providers, and other services designed to address the needs

of residents of classic and neighborhood NORCS by helping them extend

their independence, improve their quality of life, and maximize their

well-being.

(e) "Naturally occurring retirement community", "classic naturally

occurring retirement community" or "classic NORC" shall mean an

apartment building or housing complex which:

(1) was not predominantly built for older adults;

(2) does not restrict admissions solely to older adults;

(3) (A) at least forty percent of the units have an occupant who is an

older adult; and

(B) in which at least 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

(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.

(f) "Neighborhood naturally occurring retirement community" or

"neighborhood NORC" shall mean a residential dwelling or group of

residential dwellings in a geographically defined neighborhood or group

of contiguous neighborhoods which:

(1) was not predominantly developed for older adults;

(2) does not predominantly restrict admission to older adults;

(3) (A) in a non-rural area, has at least thirty percent of the

residents who are older adults or the units have an occupant who is an

older adult; (B) in a rural area, has at least twenty percent of the

residents who are older adults or the units have an occupant who is an

older adult; and

(4) is made up of low-rise buildings six stories or less and/or single

and multi-family homes, provided, however, that apartment buildings and

housing complexes, including those that exceed six stories, may be

included.

(g) "Rural areas" shall mean counties within the state having a

population of less than two hundred thousand persons including the

municipalities, individuals, institutions, communities, programs, and

such other entities or resources as are found therein; or, in counties

with a population of two hundred thousand or more, towns with a

population density of less than one hundred and fifty persons per square

mile including the villages, individuals, institutions, communities,

programs, and such other entities or resources as are found therein.

(h) "Non-rural areas" shall mean any county, city, or town that has a

population or population density greater than that which defines a rural

area pursuant to this subdivision.

2. A naturally occurring retirement community supportive service

program is established as a program to be administered by the director.

3. The director shall develop appropriate criteria for the selection

of grantees of funds provided pursuant to this section.

4. The criteria 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 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 available,

applications for eligible applicants, ability to coordinate services,

other requirements of this section, and other criteria developed by the

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 community wide

support from residents, neighborhood associations, community groups,

nonprofit organizations and others;

(e) in the case of neighborhood naturally occurring retirement

communities, 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;

(g) the scope and intensity of the services to be provided, and their

appropriateness for the residents proposed to be served. The applicant

shall 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. 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

municipality 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;

(h) the experience and financial stability of the applicant agency,

who shall demonstrate to the satisfaction of the director their fiscal

and managerial stability and programmatic success in serving residents;

(i) the plan for active, meaningful participation for residents

proposed to be served in project design, implementation, monitoring,

evaluation, and governance;

(j) an agreement by the applicant to participate in data collection

and evaluation necessary to implement performance measures for health

indicators/performance improvement and complete the report required by

this section;

(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 community-based organizations, 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;

(l) a requirement that each eligible agency document the need for the

project and financial commitments to it from such sources as 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 geographically

defined neighborhood in the case of neighborhood naturally occurring

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;

(m) a requirement that any aid provided pursuant to this section be

matched by an amount equal to one quarter of the aid provided,

consisting of monetary support, in-kind support, or some combination

thereof from other 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 and that at least fifty percent of such

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 of this

section;

(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 (m) 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 director shall develop appropriate criteria

for determining whether a community is a low income or hardship

community;

(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) a plan for coordination with the designated area agency on aging

to leverage additional services for classic or neighborhood NORC

participants.

4-a. The director shall develop a list of priority and optional

services from the eligible services listed in paragraph (d) of

subdivision one of this section which may be used in the selection of

grantees pursuant to this section.

4-b. Notwithstanding any provision of law to the contrary, priority

shall be given in any competitive bidding or request for proposals

process conducted for the naturally occurring retirement community

supportive services program to applicants that propose to serve a

building, housing complex, or catchment area that is being served at the

time of the competitive bidding or request for proposals process.

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. Individual grants

awarded for classic NORC programs shall be in amounts not to exceed

three hundred thousand ($300,000) dollars and for neighborhood NORCs not

less than sixty thousand ($60,000) dollars in any twelve month period.

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

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

boundaries 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. 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 nineteen, 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 in achieving the

objectives set forth by this section, which include helping to address

the needs of residents in such classic and neighborhood naturally

occurring retirement communities, assuring access to a continuum 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. 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 age, sex, religion and other appropriate demographic

information concerning the residents served;

(c) the services provided to residents, reported in such manner as to

allow comparison of services by demographic group and region;

(d) a listing of the services provided by eligible applicants,

including the number, kind and intensity of such services; and

(e) a listing of partner organizations providing services, the number,

kind and intensity of such services, and, to the extent practicable, the

outcomes of such referrals.

* NB Effective until September 1, 2024

* 8. On or before March first, two thousand nineteen, 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 in achieving the

objectives set forth by this section, which include helping to address

the needs of residents in such classic and neighborhood naturally

occurring retirement communities, assuring access to a continuum 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. 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 age, sex, religion and other appropriate demographic

information concerning the residents served;

(c) the services provided to residents, reported in such manner as to

allow comparison of services by demographic group and region;

(d) a listing of the services provided by eligible applicants,

including the number, kind and intensity of such services;

(e) a listing of partner organizations providing services, the number,

kind and intensity of such services, and, to the extent practicable, the

outcomes of such referrals; and

(f) the number of residents participating in programs or services

provided under this section who report suffering from social isolation

and loneliness and the services provided to residents.

* NB Effective September 1, 2024

9. In the event that a classic or neighborhood NORC is no longer

funded under this section, the director shall, to the best of the

director's ability, provide information about nearby services available

to older adults who currently live in such classic or neighborhood NORC.