§ 209. Naturally occurring retirement community supportive service
program. 1. As used in this section:

(a) "Older adults" shall mean persons who are sixty years of age or
older.

(b) "Eligible applicant" shall mean a not-for-profit agency
specializing in housing, health or other human services which serves or
would serve the community within which a naturally occurring retirement
community is located.

(c) "Health indicators/performance improvement" shall mean a survey
tool, database, and process that provides grantees with performance
outcomes data.

(d) "Eligible services" shall mean the following services provided by
a classic or neighborhood NORC program, or in coordination with other
entities, including, but not limited to: person centered planning, case
assistance, care coordination, information and assistance, application
and benefit assistance, health care management and assistance, volunteer
services, health promotion and linkages to prevention services and
screenings, linkages to in-home services, health indicators/performance
improvement, housekeeping/chore, personal care, counseling, shopping
and/or meal preparation assistance, escort, telephone reassurance,
transportation, friendly visiting, support groups, personal emergency
response systems (PERS), meals, recreation, bill paying assistance,
education regarding the signs of elder abuse or exploitation and
available resources for a senior who is a suspected victim of elder
abuse or exploitation, or identity theft, chemical dependence counseling
provided by credentialed alcoholism and substance abuse counselors as
defined in paragraph three of subdivision (d) of section 19.07 of the
mental hygiene law and referrals to appropriate chemical dependence
counseling providers, and other services designed to address the needs
of residents of classic and neighborhood NORCS by helping them extend
their independence, improve their quality of life, and maximize their
well-being.

(e) "Naturally occurring retirement community", "classic naturally
occurring retirement community" or "classic NORC" shall mean an
apartment building or housing complex which:

(1) was not predominantly built for older adults;

(2) does not restrict admissions solely to older adults;

(3) (A) at least forty percent of the units have an occupant who is an
older adult; and

(B) in which at least two hundred fifty of the residents of an
apartment building are older adults or five hundred residents of a
housing complex are older adults; and

(4) a majority of the older adults to be served are low or moderate
income, as defined by the United States Department of Housing and Urban
Development.

(f) "Neighborhood naturally occurring retirement community" or
"neighborhood NORC" shall mean a residential dwelling or group of
residential dwellings in a geographically defined neighborhood or group
of contiguous neighborhoods which:

(1) was not predominantly developed for older adults;

(2) does not predominantly restrict admission to older adults;

(3) (A) in a non-rural area, has at least thirty percent of the
residents who are older adults or the units have an occupant who is an
older adult; (B) in a rural area, has at least twenty percent of the
residents who are older adults or the units have an occupant who is an
older adult; and

(4) is made up of low-rise buildings six stories or less and/or single
and multi-family homes, provided, however, that apartment buildings and
housing complexes, including those that exceed six stories, may be
included.

(g) "Rural areas" shall mean counties within the state having a
population of less than two hundred thousand persons including the
municipalities, individuals, institutions, communities, programs, and
such other entities or resources as are found therein; or, in counties
with a population of two hundred thousand or more, towns with a
population density of less than one hundred and fifty persons per square
mile including the villages, individuals, institutions, communities,
programs, and such other entities or resources as are found therein.

(h) "Non-rural areas" shall mean any county, city, or town that has a
population or population density greater than that which defines a rural
area pursuant to this subdivision.

2. A naturally occurring retirement community supportive service
program is established as a program to be administered by the director.

3. The director shall develop appropriate criteria for the selection
of grantees of funds provided pursuant to this section.

4. The criteria for the award of grants shall be consistent with the
provisions of this section and shall include, at a minimum:

(a) the number, size, type and location of the projects to be served,
including the number, size, type and location of residential dwellings
or group of residential dwellings selected as candidates for inclusion
in a neighborhood naturally occurring retirement community; provided,
that the director shall make reasonable efforts to assure that
geographic balance in the distribution of such projects is maintained,
consistent with the needs to be addressed, funding available,
applications for eligible applicants, ability to coordinate services,
other requirements of this section, and other criteria developed by the
director;

(b) the appropriate number and concentration of older adult residents
to be served by an individual project; provided, that such criteria need
not specify, in the case of a project which includes several buildings,
the number of older adults to be served in any individual building;

(c) the demographic characteristics of the residents to be served;

(d) a requirement that the applicant demonstrate community wide
support from residents, neighborhood associations, community groups,
nonprofit organizations and others;

(e) in the case of neighborhood naturally occurring retirement
communities, a requirement that the boundaries of the geographic area to
be served are clear and coherent and create an identifiable program and
supportive community;

(f) the financial or in-kind support required to be provided to the
project by the owners, managers and residents of the housing development
or geographically defined area; provided, however, that such criteria
need not address whether the funding is public or private, or the source
of such support;

(g) the scope and intensity of the services to be provided, and their
appropriateness for the residents proposed to be served. The applicant
shall have conducted a needs assessment on the basis of which such
applicant shall establish the nature and extent of services to be
provided; and further that such services shall provide a mix of
appropriate services that provide active and meaningful participation
for residents. The criteria shall not require that the applicant agency
be the sole provider of such services, but shall require that the
applicant at a minimum actively manage the provision of such services.
Such services may be the same as services provided by the local
municipality or other community-based organization provided that those
services are not available to or do not entirely meet the needs of the
residents of the classic or neighborhood naturally occurring retirement
community;

(h) the experience and financial stability of the applicant agency,
who shall demonstrate to the satisfaction of the director their fiscal
and managerial stability and programmatic success in serving residents;

(i) the plan for active, meaningful participation for residents
proposed to be served in project design, implementation, monitoring,
evaluation, and governance;

(j) an agreement by the applicant to participate in data collection
and evaluation necessary to implement performance measures for health
indicators/performance improvement and complete the report required by
this section;

(k) the policy and program roles of the applicant agency and any other
agencies involved in the provision of services or the management of the
project, including community-based organizations, the housing
development governing body, or other owners or managers of the apartment
buildings and housing complexes and the residents of such apartment
buildings and housing complexes. The criteria shall require a clear
delineation of such policy and program roles;

(l) a requirement that each eligible agency document the need for the
project and financial commitments to it from such sources as the
director shall deem appropriate given the character and nature of the
proposed project, and written evidence of support from the appropriate
housing development governing body or other owners or managers of the
apartment buildings and housing complexes in the case of classic
naturally occurring retirement communities, or the geographically
defined neighborhood in the case of neighborhood naturally occurring
retirement communities. The purpose of such documentation shall be to
demonstrate the need for the project, support for it in the areas to be
served, and the financial and managerial ability to sustain the project;

(m) a requirement that any aid provided pursuant to this section be
matched by an amount equal to one quarter of the aid provided,
consisting of monetary support, in-kind support, or some combination
thereof from other sources, provided that such in-kind support be
utilized only upon approval from the director and only to the extent
matching funds are not available and that at least fifty percent of such
required match be contributed by the housing development governing body
or other owners or managers and residents of the apartment buildings and
housing complexes, or geographically defined area, in which the project
is proposed, or, upon approval by the director, sources in neighborhoods
contiguous to the boundaries of the geographic areas served where
services may also be provided pursuant to subdivision six of this
section;

(n) the circumstances under which the director may waive all or part
of the requirement for provision of an equal amount of funding from
other sources required pursuant to paragraph (m) of this subdivision,
provided that such criteria shall include provision for waiver at the
discretion of the director upon a finding by the director that the
program will serve a low income or hardship community, and that such
waiver is required to assure that such community receive a fair share of
the funding available. The director shall develop appropriate criteria
for determining whether a community is a low income or hardship
community;

(o) the policy and program roles of the applicant agency and any other
agencies involved in the provision of services or the management of the
neighborhood naturally occurring retirement community, provided that the
criteria shall require a clear delineation of such policy and program
roles; and

(p) a plan for coordination with the designated area agency on aging
to leverage additional services for classic or neighborhood NORC
participants.

4-a. The director shall develop a list of priority and optional
services from the eligible services listed in paragraph (d) of
subdivision one of this section which may be used in the selection of
grantees pursuant to this section.

4-b. Notwithstanding any provision of law to the contrary, priority
shall be given in any competitive bidding or request for proposals
process conducted for the naturally occurring retirement community
supportive services program to applicants that propose to serve a
building, housing complex, or catchment area that is being served at the
time of the competitive bidding or request for proposals process.

5. Within amounts specifically appropriated therefor and consistent
with the criteria developed and required pursuant to this section the
director shall approve grants to eligible applicants. Individual grants
awarded for classic NORC programs shall be in amounts not to exceed
three hundred thousand ($300,000) dollars and for neighborhood NORCs not
less than sixty thousand ($60,000) dollars in any twelve month period.

6. The director may allow services provided by a naturally occurring
retirement community supportive service program or by a neighborhood
naturally occurring retirement community to also include services to
residents who live in neighborhoods contiguous to the boundaries of the
geographic area served by such programs if: (a) the persons served are
older adults; (b) the services affect the health and welfare of such
persons; and (c) the services are provided on a one-time basis in the
year in which they are provided, and not in a manner which is said or
intended to be continuous. The director may also consent to the
provision of such services by such program if the program has received a
grant which requires services to be provided beyond the geographic
boundaries of the program. The director shall establish procedures under
which a program may request the ability to provide such services. The
provision of such services shall not affect the funding provided to the
program by the department pursuant to this section.

7. The director shall promulgate rules and regulations as necessary to
carry out the provisions of this section.

* 8. On or before March first, two thousand nineteen, and every five
years thereafter, the director shall report to the governor and the
finance committee of the senate and the ways and means committee of the
assembly concerning the effectiveness of the naturally occurring
retirement community supportive services program in achieving the
objectives set forth by this section, which include helping to address
the needs of residents in such classic and neighborhood naturally
occurring retirement communities, assuring access to a continuum of
necessary services, increasing private, philanthropic and other public
funding for programs, and preventing unnecessary hospital and nursing
home stays. The report shall also include recommendations concerning
continuation or modification of the program from the director. The
director shall provide the required information and any other
information deemed appropriate to the report in such form and detail as
will be helpful to the legislature and the governor in determining to
extend, eliminate or modify the program including, but not limited to,
the following:

(a) the number, size, type and location of the projects developed and
funded, including the number, kinds and functions of staff in each
program;

(b) the age, sex, religion and other appropriate demographic
information concerning the residents served;

(c) the services provided to residents, reported in such manner as to
allow comparison of services by demographic group and region;

(d) a listing of the services provided by eligible applicants,
including the number, kind and intensity of such services; and

(e) a listing of partner organizations providing services, the number,
kind and intensity of such services, and, to the extent practicable, the
outcomes of such referrals.

* NB Effective until September 1, 2024

* 8. On or before March first, two thousand nineteen, and every five
years thereafter, the director shall report to the governor and the
finance committee of the senate and the ways and means committee of the
assembly concerning the effectiveness of the naturally occurring
retirement community supportive services program in achieving the
objectives set forth by this section, which include helping to address
the needs of residents in such classic and neighborhood naturally
occurring retirement communities, assuring access to a continuum of
necessary services, increasing private, philanthropic and other public
funding for programs, and preventing unnecessary hospital and nursing
home stays. The report shall also include recommendations concerning
continuation or modification of the program from the director. The
director shall provide the required information and any other
information deemed appropriate to the report in such form and detail as
will be helpful to the legislature and the governor in determining to
extend, eliminate or modify the program including, but not limited to,
the following:

(a) the number, size, type and location of the projects developed and
funded, including the number, kinds and functions of staff in each
program;

(b) the age, sex, religion and other appropriate demographic
information concerning the residents served;

(c) the services provided to residents, reported in such manner as to
allow comparison of services by demographic group and region;

(d) a listing of the services provided by eligible applicants,
including the number, kind and intensity of such services;

(e) a listing of partner organizations providing services, the number,
kind and intensity of such services, and, to the extent practicable, the
outcomes of such referrals; and

(f) the number of residents participating in programs or services
provided under this section who report suffering from social isolation
and loneliness and the services provided to residents.

* NB Effective September 1, 2024

9. In the event that a classic or neighborhood NORC is no longer
funded under this section, the director shall, to the best of the
director's ability, provide information about nearby services available
to older adults who currently live in such classic or neighborhood NORC.