§ 45-d. Operating plans. 1. Contracts with not-for-profit corporations and charitable organizations shall be approved by the social services district, or the commissioner in the case of direct applications, in accordance with an operational plan submitted pursuant to the provisions of subdivision two of this section.

Terms Used In N.Y. Social Services Law 45-D

  • charitable organization: shall mean entities established pursuant to the not-for-profit corporation law or otherwise established pursuant to law. See N.Y. Social Services Law 42
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Eligible resident: shall mean a person residing in a single room occupancy unit who is in need of services to live independently. See N.Y. Social Services Law 45
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

2. The social services district, or the commissioner in the case of direct applications, shall require that, in order to receive funds pursuant to this title, the not-for-profit corporation or charitable organization must submit an operating plan. Preference shall be given to plans which demonstrate that existing state, federal, local and private dollars will be utilized to the fullest extent possible to fund the service costs of the project. Such plans shall include but not be limited to:

(a) the manner in which the capital expenses of the project shall be met;

(b) the services that will be provided to the residents of the project;

(c) the specific population that will be served by the project and how the project will address the population's special needs;

(d) a description of the manner in which coordination with other federal, state, local and private funding sources shall be achieved;

(e) the cost per month per eligible resident of the services to be provided; and

(f) evidence demonstrating that such project complies or will comply with existing local, state and federal laws and regulations.

3. Prior to entering into a contract pursuant to this title, the social services district, or the commissioner in the case of direct applications, shall determine that the not-for-profit corporation or charitable organization submitting such plan is a bona fide organization which shall have demonstrated by its past and current activities that it has the ability to maintain, manage or operate such project, that the organization is financially responsible, that the proposed project is financially viable and that the project has been determined to be appropriate for the needs of the homeless in the relevant community.