N.Y. Comp. Codes R. & Regs. tit. 18 § 491.2

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

Section 491.2 - Definition

(a) The office shall mean the New York State Office of Temporary and Disability Assistance.

(b) A shelter for adults is defined as an adult care facility established and operated for the purpose of providing temporary residential care, room, board, supervision, information and referral, and, where required by the office or otherwise deemed necessary by the operator, social rehabilitation services for adults in need of temporary accommodations, supervision and services. This definition shall not include facilities providing such temporary residential service to fewer than 20 persons, unless such facility is operated by a social services district.

CERTIFICATES OF INCORPORATION

(1) Any proposed or existing not-for-profit corporation desiring to file or amend a certificate of incorporation for the purpose of establishing and operating a shelter for adults, or for the purpose of fundraising for the eventual establishment and operation of a shelter for adults, prior to the endorsement of such certificate by a justice of the Supreme Court of the State of New York and filing with the Secretary of State, shall secure the written approval of the office.

(2) Each certificate of incorporation or amended certificate of incorporation submitted to the office for approval where a corporation desiring to establish and operate a shelter for adults, or raise funds for the eventual establishment and operation of a shelter for adults, shall indicate that at least one purpose of the proposed or existing not-for-profit corporation is:

To operate a shelter for adults as defined in section 2 of the New York Social Services Law for the purpose of providing temporary residential care, room, board, supervision, information and referral, and where required by the New York State Office of Temporary and Disability Assistance or otherwise deemed necessary, social rehabilitation services for adults in need of temporary accommodations, supervision and services; provided, however, that the Corporation shall not establish or operate such shelter for adults without the prior written approval of the New York State Office of Temporary and Disability Assistance.

(c) A small-capacity shelter is defined as a facility not operated by a social services district, that was established and is operated for the purpose of providing temporary residential care, room, board, supervision, information and referral, and social rehabilitation services where required by the office or otherwise deemed necessary by the operator, to fewer than 20 adults who are in need of temporary accommodations, supervision and services.

(d) A shelter for adult families is defined as a facility established and operated for the purpose of providing temporary residential care, room, board, supervision, information and referral, and, where required by the office or otherwise deemed necessary by the operator, social rehabilitation services for families that do not include children younger than 18 years of age, which are in need of temporary accommodations, supervision and services.

(e) For purposes of this Part, family means:

(1) two adults who are legally married to one another, in a domestic partnership, or in another legally recognized relationship;

(2) two adults who can establish the medical dependence of one upon the other; or

(3) two or more adults who share a caretaking (emotionally or physically supportive) or financially interdependent relationship, and who have resided with one another for 180 days immediately prior to the date of their application for temporary housing assistance.

(f) A commercial hotel or motel used as temporary placement pursuant to section 352.3(e) of this Title shall not be considered a shelter for adults, a small-capacity shelter, or a shelter for adult families, so long as such hotel or motel is not used primarily to provide shelter to recipients of temporary housing assistance.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.2

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020