N.Y. Comp. Codes R. & Regs. tit. 18 § 491.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 491.13 - Resident funds and valuables

(a) An operator of a shelter for adults, a small-capacity shelter, or a shelter for adult families who receives any funds or property from a resident or who acts in any way as a financial agent for a resident, either formally or informally, shall issue a signed receipt to the resident noting the date, amount or description of property and the nature of the transaction. Records of all transactions must be maintained as part of the operator's permanent records.

(b)Resident fund accounts.

(1) The operator may offer a resident an opportunity to place personal funds in a facility-maintained account.

(2) The operator shall not require a resident to maintain a personal fund account at the facility.

(3) The operator shall provide for the safekeeping and accountability of resident funds.

(4) The operator shall hold resident funds in trust for the sole use of the resident and shall not use these funds for any other purpose.

(5) Resident funds shall not be commingled with the personal funds of the operator or the operating funds of the facility or become an asset of the operator.

(6) The resident may terminate the personal fund account at any time.

(7) No service fee shall be charged by the operator for maintaining a fund account for a resident.

(8) A system of recordkeeping for resident personal funds shall be described in the operational plan submitted for office approval.

(9) Upon change of ownership, the current operator shall transfer all records and provide the new operator with a written statement of all resident personal fund accounts. This statement shall verify that the balance being transferred in each resident fund account is true and accurate as of the date of transfer and shall be confirmed by resident signatures.

(10) At change of ownership, the new owner shall assume, in writing, responsibility for account balances turned over at the change of ownership together with responsibility for all requirements of this section.

(11) Each resident shall have the opportunity, during business hours, to examine his/her personal fund account records upon request made at least one business day in advance.

(c)Resident valuables.

(1) The operator may offer a resident the opportunity to place money, property or items of value in the operator's custody.

(2) The operator shall maintain inventory records and provide for the security of all property or items of value which the resident has voluntarily given to the operator to hold in custody or to exercise control over.

(3) The operator shall obtain written authorization from the resident to hold property or items of value and shall provide each resident with a receipt therefor.

(4) Resident property or items of value shall be segregated from the assets of the operator.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.13

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020