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.

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.