§ 209 — Naturally occurring retirement community supportive service program

§ 209. Naturally occurring retirement community supportive service\nprogram. 1. As used in this section:\n (a) "Older adults" shall mean persons who are sixty years of age or\nolder.\n (b) "Eligible applicant" shall mean a not-for-profit agency\nspecializing in housing, health or other human services which serves or\nwould serve the community within which a naturally occurring retirement\ncommunity is located.\n (c) "Health indicators/performance improvement" shall mean a survey\ntool, database, and process that provides grantees with performance\noutcomes data.\n (d) "Eligible services" shall mean the following services provided by\na classic or neighborhood NORC program, or in coordination with other\nentities, including, but not limited to: person centered planning, case\nassistance, care coordination, information and assistance, application\nand benefit assistance, health care management and assistance, volunteer\nservices, health promotion and linkages to prevention services and\nscreenings, linkages to in-home services, health indicators/performance\nimprovement, housekeeping/chore, personal care, counseling, shopping\nand/or meal preparation assistance, escort, telephone reassurance,\ntransportation, friendly visiting, support groups, personal emergency\nresponse systems (PERS), meals, recreation, bill paying assistance,\neducation regarding the signs of elder abuse or exploitation and\navailable resources for a senior who is a suspected victim of elder\nabuse or exploitation, or identity theft, chemical dependence counseling\nprovided by credentialed alcoholism and substance abuse counselors as\ndefined in paragraph three of subdivision (d) of section 19.07 of the\nmental hygiene law and referrals to appropriate chemical dependence\ncounseling providers, and other services designed to address the needs\nof residents of classic and neighborhood NORCS by helping them extend\ntheir independence, improve their quality of life, and maximize their\nwell-being.\n (e) "Naturally occurring retirement community", "classic naturally\noccurring retirement community" or "classic NORC" shall mean an\napartment building or housing complex which:\n (1) was not predominantly built for older adults;\n (2) does not restrict admissions solely to older adults;\n (3) (A) at least forty percent of the units have an occupant who is an\nolder adult; and\n (B) in which at least two hundred fifty of the residents of an\napartment building are older adults or five hundred residents of a\nhousing complex are older adults; and\n (4) a majority of the older adults to be served are low or moderate\nincome, as defined by the United States Department of Housing and Urban\nDevelopment.\n (f) "Neighborhood naturally occurring retirement community" or\n"neighborhood NORC" shall mean a residential dwelling or group of\nresidential dwellings in a geographically defined neighborhood or group\nof contiguous neighborhoods which:\n (1) was not predominantly developed for older adults;\n (2) does not predominantly restrict admission to older adults;\n (3) (A) in a non-rural area, has at least thirty percent of the\nresidents who are older adults or the units have an occupant who is an\nolder adult; (B) in a rural area, has at least twenty percent of the\nresidents who are older adults or the units have an occupant who is an\nolder adult; and\n (4) is made up of low-rise buildings six stories or less and/or single\nand multi-family homes, provided, however, that apartment buildings and\nhousing complexes, including those that exceed six stories, may be\nincluded.\n (g) "Rural areas" shall mean counties within the state having a\npopulation of less than two hundred thousand persons including the\nmunicipalities, individuals, institutions, communities, programs, and\nsuch other entities or resources as are found therein; or, in counties\nwith a population of two hundred thousand or more, towns with a\npopulation density of less than one hundred and fifty persons per square\nmile including the villages, individuals, institutions, communities,\nprograms, and such other entities or resources as are found therein.\n (h) "Non-rural areas" shall mean any county, city, or town that has a\npopulation or population density greater than that which defines a rural\narea pursuant to this subdivision.\n 2. A naturally occurring retirement community supportive service\nprogram is established as a program to be administered by the director.\n 3. The director shall develop appropriate criteria for the selection\nof grantees of funds provided pursuant to this section.\n 4. The criteria for the award of grants shall be consistent with the\nprovisions of this section and shall include, at a minimum:\n (a) the number, size, type and location of the projects to be served,\nincluding the number, size, type and location of residential dwellings\nor group of residential dwellings selected as candidates for inclusion\nin a neighborhood naturally occurring retirement community; provided,\nthat the director shall make reasonable efforts to assure that\ngeographic balance in the distribution of such projects is maintained,\nconsistent with the needs to be addressed, funding available,\napplications for eligible applicants, ability to coordinate services,\nother requirements of this section, and other criteria developed by the\ndirector;\n (b) the appropriate number and concentration of older adult residents\nto be served by an individual project; provided, that such criteria need\nnot specify, in the case of a project which includes several buildings,\nthe number of older adults to be served in any individual building;\n (c) the demographic characteristics of the residents to be served;\n (d) a requirement that the applicant demonstrate community wide\nsupport from residents, neighborhood associations, community groups,\nnonprofit organizations and others;\n (e) in the case of neighborhood naturally occurring retirement\ncommunities, a requirement that the boundaries of the geographic area to\nbe served are clear and coherent and create an identifiable program and\nsupportive community;\n (f) the financial or in-kind support required to be provided to the\nproject by the owners, managers and residents of the housing development\nor geographically defined area; provided, however, that such criteria\nneed not address whether the funding is public or private, or the source\nof such support;\n (g) the scope and intensity of the services to be provided, and their\nappropriateness for the residents proposed to be served. The applicant\nshall have conducted a needs assessment on the basis of which such\napplicant shall establish the nature and extent of services to be\nprovided; and further that such services shall provide a mix of\nappropriate services that provide active and meaningful participation\nfor residents. The criteria shall not require that the applicant agency\nbe the sole provider of such services, but shall require that the\napplicant at a minimum actively manage the provision of such services.\nSuch services may be the same as services provided by the local\nmunicipality or other community-based organization provided that those\nservices are not available to or do not entirely meet the needs of the\nresidents of the classic or neighborhood naturally occurring retirement\ncommunity;\n (h) the experience and financial stability of the applicant agency,\nwho shall demonstrate to the satisfaction of the director their fiscal\nand managerial stability and programmatic success in serving residents;\n (i) the plan for active, meaningful participation for residents\nproposed to be served in project design, implementation, monitoring,\nevaluation, and governance;\n (j) an agreement by the applicant to participate in data collection\nand evaluation necessary to implement performance measures for health\nindicators/performance improvement and complete the report required by\nthis section;\n (k) the policy and program roles of the applicant agency and any other\nagencies involved in the provision of services or the management of the\nproject, including community-based organizations, the housing\ndevelopment governing body, or other owners or managers of the apartment\nbuildings and housing complexes and the residents of such apartment\nbuildings and housing complexes. The criteria shall require a clear\ndelineation of such policy and program roles;\n (l) a requirement that each eligible agency document the need for the\nproject and financial commitments to it from such sources as the\ndirector shall deem appropriate given the character and nature of the\nproposed project, and written evidence of support from the appropriate\nhousing development governing body or other owners or managers of the\napartment buildings and housing complexes in the case of classic\nnaturally occurring retirement communities, or the geographically\ndefined neighborhood in the case of neighborhood naturally occurring\nretirement communities. The purpose of such documentation shall be to\ndemonstrate the need for the project, support for it in the areas to be\nserved, and the financial and managerial ability to sustain the project;\n (m) a requirement that any aid provided pursuant to this section be\nmatched by an amount equal to one quarter of the aid provided,\nconsisting of monetary support, in-kind support, or some combination\nthereof from other sources, provided that such in-kind support be\nutilized only upon approval from the director and only to the extent\nmatching funds are not available and that at least fifty percent of such\nrequired match be contributed by the housing development governing body\nor other owners or managers and residents of the apartment buildings and\nhousing complexes, or geographically defined area, in which the project\nis proposed, or, upon approval by the director, sources in neighborhoods\ncontiguous to the boundaries of the geographic areas served where\nservices may also be provided pursuant to subdivision six of this\nsection;\n (n) the circumstances under which the director may waive all or part\nof the requirement for provision of an equal amount of funding from\nother sources required pursuant to paragraph (m) of this subdivision,\nprovided that such criteria shall include provision for waiver at the\ndiscretion of the director upon a finding by the director that the\nprogram will serve a low income or hardship community, and that such\nwaiver is required to assure that such community receive a fair share of\nthe funding available. The director shall develop appropriate criteria\nfor determining whether a community is a low income or hardship\ncommunity;\n (o) the policy and program roles of the applicant agency and any other\nagencies involved in the provision of services or the management of the\nneighborhood naturally occurring retirement community, provided that the\ncriteria shall require a clear delineation of such policy and program\nroles; and\n (p) a plan for coordination with the designated area agency on aging\nto leverage additional services for classic or neighborhood NORC\nparticipants.\n 4-a. The director shall develop a list of priority and optional\nservices from the eligible services listed in paragraph (d) of\nsubdivision one of this section which may be used in the selection of\ngrantees pursuant to this section.\n 4-b. Notwithstanding any provision of law to the contrary, priority\nshall be given in any competitive bidding or request for proposals\nprocess conducted for the naturally occurring retirement community\nsupportive services program to applicants that propose to serve a\nbuilding, housing complex, or catchment area that is being served at the\ntime of the competitive bidding or request for proposals process.\n 5. Within amounts specifically appropriated therefor and consistent\nwith the criteria developed and required pursuant to this section the\ndirector shall approve grants to eligible applicants. Individual grants\nawarded for classic NORC programs shall be in amounts not to exceed\nthree hundred thousand ($300,000) dollars and for neighborhood NORCs not\nless than sixty thousand ($60,000) dollars in any twelve month period.\n 6. The director may allow services provided by a naturally occurring\nretirement community supportive service program or by a neighborhood\nnaturally occurring retirement community to also include services to\nresidents who live in neighborhoods contiguous to the boundaries of the\ngeographic area served by such programs if: (a) the persons served are\nolder adults; (b) the services affect the health and welfare of such\npersons; and (c) the services are provided on a one-time basis in the\nyear in which they are provided, and not in a manner which is said or\nintended to be continuous. The director may also consent to the\nprovision of such services by such program if the program has received a\ngrant which requires services to be provided beyond the geographic\nboundaries of the program. The director shall establish procedures under\nwhich a program may request the ability to provide such services. The\nprovision of such services shall not affect the funding provided to the\nprogram by the department pursuant to this section.\n 7. The director shall promulgate rules and regulations as necessary to\ncarry out the provisions of this section.\n * 8. On or before March first, two thousand nineteen, and every five\nyears thereafter, the director shall report to the governor and the\nfinance committee of the senate and the ways and means committee of the\nassembly concerning the effectiveness of the naturally occurring\nretirement community supportive services program in achieving the\nobjectives set forth by this section, which include helping to address\nthe needs of residents in such classic and neighborhood naturally\noccurring retirement communities, assuring access to a continuum of\nnecessary services, increasing private, philanthropic and other public\nfunding for programs, and preventing unnecessary hospital and nursing\nhome stays. The report shall also include recommendations concerning\ncontinuation or modification of the program from the director. The\ndirector shall provide the required information and any other\ninformation deemed appropriate to the report in such form and detail as\nwill be helpful to the legislature and the governor in determining to\nextend, eliminate or modify the program including, but not limited to,\nthe following:\n (a) the number, size, type and location of the projects developed and\nfunded, including the number, kinds and functions of staff in each\nprogram;\n (b) the age, sex, religion and other appropriate demographic\ninformation concerning the residents served;\n (c) the services provided to residents, reported in such manner as to\nallow comparison of services by demographic group and region;\n (d) a listing of the services provided by eligible applicants,\nincluding the number, kind and intensity of such services; and\n (e) a listing of partner organizations providing services, the number,\nkind and intensity of such services, and, to the extent practicable, the\noutcomes of such referrals.\n * NB Effective until September 1, 2024\n * 8. On or before March first, two thousand nineteen, and every five\nyears thereafter, the director shall report to the governor and the\nfinance committee of the senate and the ways and means committee of the\nassembly concerning the effectiveness of the naturally occurring\nretirement community supportive services program in achieving the\nobjectives set forth by this section, which include helping to address\nthe needs of residents in such classic and neighborhood naturally\noccurring retirement communities, assuring access to a continuum of\nnecessary services, increasing private, philanthropic and other public\nfunding for programs, and preventing unnecessary hospital and nursing\nhome stays. The report shall also include recommendations concerning\ncontinuation or modification of the program from the director. The\ndirector shall provide the required information and any other\ninformation deemed appropriate to the report in such form and detail as\nwill be helpful to the legislature and the governor in determining to\nextend, eliminate or modify the program including, but not limited to,\nthe following:\n (a) the number, size, type and location of the projects developed and\nfunded, including the number, kinds and functions of staff in each\nprogram;\n (b) the age, sex, religion and other appropriate demographic\ninformation concerning the residents served;\n (c) the services provided to residents, reported in such manner as to\nallow comparison of services by demographic group and region;\n (d) a listing of the services provided by eligible applicants,\nincluding the number, kind and intensity of such services;\n (e) a listing of partner organizations providing services, the number,\nkind and intensity of such services, and, to the extent practicable, the\noutcomes of such referrals; and\n (f) the number of residents participating in programs or services\nprovided under this section who report suffering from social isolation\nand loneliness and the services provided to residents.\n * NB Effective September 1, 2024\n 9. In the event that a classic or neighborhood NORC is no longer\nfunded under this section, the director shall, to the best of the\ndirector's ability, provide information about nearby services available\nto older adults who currently live in such classic or neighborhood NORC.\n