N.Y. Comp. Codes R. & Regs. tit. 18 § 491.5

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

Section 491.5 - Voluntary closure and surrender of operating certificates

(a) In the event that an operator elects to close a shelter for adults, a small-capacity shelter or a shelter for adult families:

(1) The operator shall notify both the social services district and the office in writing as soon as possible, but no less than 90 days prior to the anticipated date of closure.

(2) At least 45 days prior to the anticipated date of closure, the social services district shall submit to the office for approval a plan for closure that shall include a timetable for the closure and describe the procedures and actions the operator and/or the social services district will take to:

(i) notify residents of the closure;

(ii) assess the needs and preferences of residents;

(iii) assist residents in locating and transferring to appropriate alternative settings; and

(iv) maintain compliance with these regulations until all residents have relocated.

(b) Any operating certificate issued by the office to the operator shall be surrendered to the office by personal delivery to a designated representative or by certified or registered mail.

(c) Failure to notify the office and the social services district of an intent to cease operations, failure to submit an approvable closure plan, failure to execute the approved closure plan, closure of the facility before all residents have been appropriately relocated, or failure to surrender any operating certificate issued by the office may result in the denial of any reimbursement that remains owing to the social services district relative to the operation of the facility.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.5

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