N.Y. PBH Law § 2860

§ 2860. Rental rates and selection of occupants. 1. A company shall,\nwith the approval of the commissioner, fix maximum rates to be charged\noccupants of each nursing home project for the facilities and services\nprovided by the company to such occupants and the maximum rates to be\ncharged to persons of low income who are not occupants of the project\nfor the nursing care and health-related service, or either of them,\nprovided by the company to such persons, the average of such rates for\nany one project not to exceed the maximum average rates determined by\nthe commissioner before any commitments are made by the company for the\nconstruction of the project. The commissioner upon his own motion, or\nupon application by the company or lienholder may vary the amount of\nsuch charge from time to time so as to secure, together with all other\nincome of the company, sufficient income to meet, within reasonable\nlimits, all necessary payments by the said company of all expenses,\nincluding fixed charges, sinking funds and reserves.\n 2. The facilities and services provided by the company to occupants\nshall be available for persons of low income, whose probable aggregate\nannual income at the time of admission and during the period of\noccupancy does not exceed two times the annual charges to be paid by\nsuch persons. Nursing care and health-related service, or either of\nthem, shall be available to persons of low income who are not occupants\nof the project whose probable annual income does not exceed two times\nthe average annual charge made to occupants of the project. The\ncommissioner may make rules and regulations relating to the allocation\nof the income of a family among the members thereof for the purpose of\ndetermining the income attributable to any one person for the purpose of\nthis subdivision.\n