N.Y. MHY Law § 41.37

§ 41.37 Community residence and residential treatment facility for\n children and youth development grants.\n (a) The commissioner of the office of mental health or the\ncommissioner of the office for people with developmental disabilities is\nauthorized, within appropriations made therefor, to make grants to local\ngovernmental units and voluntary nonprofit agencies developing a\ncommunity residence as defined in subdivision twenty-eight of section\n1.03 of this chapter. The commissioner of the office of mental health is\nauthorized, within appropriations made therefor, to make grants to\nvoluntary nonprofit agencies developing a residential treatment facility\nfor children and youth. Such grants shall be limited to the development\ncosts incurred prior to the operation of a community residence or a\nresidential treatment facility for children and youth, or for\ndevelopment costs incurred to expand the capacity to provide services at\nsuch residences and facilities.\n Development costs which may be eligible for up to one hundred percent\nreimbursement under this grant include:\n 1. reasonable professional fees and other fees for services which are\nnecessary for project development;\n 2. initial staffing;\n 3. up to six months rent, construction loan or permanent mortgage\npayments, together with other necessary costs associated with rental or\nownership of property;\n 4. reasonable and necessary fees paid to secure financing;\n 5. furniture; and\n 6. reasonable rehabilitation costs.\n (b) Application for grants shall be made in the manner and on forms\nprescribed by the appropriate commissioner. Each commissioner shall\nestablish schedules, subject to the approval of the director of the\ndivision of the budget, indicating the maximum development cost per bed\nfor such community residences and residential treatment facilities for\nchildren and youth. Such schedules may include varying rates for\ndistinct geographic areas of the state, if in the determination of the\ncommissioner the location of an eligible community residence or\nresidential treatment facility for children and youth has direct bearing\non the level of development costs. The commissioner may also establish\nvarying rates based on the size of an eligible community residence or\nresidential treatment facility for children and youth.\n (c) No grant will be awarded by the commissioner if the projected per\nbed development cost for the community residence or residential\ntreatment facility for children and youth exceeds the schedule\nestablished in subdivision (b) of this section.\n (d) No such grant will be awarded unless there is prior approval by\nthe local governmental unit of the area in which such community\nresidence or residential treatment facility for children and youth is to\nbe located.\n (e) The state comptroller, or his legally authorized representative,\nis authorized and empowered to examine the books and accounts of the\noffices relating to program development grants and from time to time to\nexamine the books and accounts of each local governmental unit or\nvoluntary nonprofit agency receiving such grants, including its\nreceipts, disbursements, contracts, leases, loans and any other moneys\nrelating to its financial operation.\n