N.Y. Comp. Codes R. & Regs. tit. 18 § 800.2

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

Section 800.2 - Definitions

(a) Applicant means a municipality, not-for-profit corporation or charitable organization seeking funding for a homeless housing project.

(b) Department means the New York State Department of Social Services.

(c) Commissioner means the Commissioner of the New York State Department of Social Services.

(d) Project cost means the cost of any or all undertakings necessary for planning, financing (including downpayment or closing costs), land acquisition, demolition, construction, rehabilitation, equipment and site development.

(e) Not-for-profit corporation and charitable organization shall mean entities established pursuant to the Not-For-Profit Corporation Law or otherwise established pursuant to law.

(f) Subsidiary of a not-for-profit corporation or of a charitable corporation means a corporation established either under the General Business Law or Not-for-Profit Corporation Law, which is wholly owned by a not-for-profit corporation or charitable organization, or a partnership or joint venture with such a corporation as either a sole general partner or owner of a controlling interest.

(g) Public corporation means a municipal corporation, a district corporation, or a public benefit corporation.

(h) Municipality means any county, city, town or village within the State of New York.

(i) Homeless person means an undomiciled person who is unable to secure permanent and stable housing without special assistance, as determined by the commissioner.

(j) Operating plan means a written submission by an applicant documenting sufficient income to meet operating expenses and, where relevant, the costs of support services and the supervision to be provided. The operating plan shall include procedures for tenant outreach, referrals, selection, intake and building management; the homeless population(s) to be served; the type of facility proposed to be established; how the proposal will meet the special needs of population(s) to be served in the project's geographic area; and where relevant, responsibilities of the local municipality and/or social services district in the ongoing operation of the project. The term project plan as used in the statute means operating plan.

(k) Homeless project means a specific facility including lands, buildings and improvements acquired, constructed, renovated or rehabilitated and operated by a municipality, not-for-profit corporation or charitable organization to increase the availability of housing for homeless persons; such a facility may include nonhousing services such as, but not limited to dining, recreation, sanitary, social, medical and mental disability services, as may be deemed by the commissioner to be essential to such projects.

(l) State financial assistance means monies appropriated for use under the Homeless Housing and Assistance Program. The State financial assistance will be in the form of loans, loan guarantees or grants as the commissioner may determine, except that financial assistance provided to a for-profit subsidiary of a not-for-profit corporation or charitable organization must be in for the form of a loan or loan guarantee. Any loan to a for-profit subsidiary or other eligible applicant must be repaid under terms that will protect the financial viability of the project.

(m) Other than project costs means short-term, startup or operating cost subsidies for the purpose of emergency repairs or funding capital replacement reserves related to the project, as further defined and subject to the limitations stated in sections 800.6(e) and 800.8 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 800.2