New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 521 - Financial Assistance For Capital Acquisition And Construction
Section 521.11 - Third parties

(a) If the applicant has received the prior written approval of the Office of Mental Health to authorize a third party to operate the facility or which a State aid grant or Housing Finance Agency mortgage pursuant to this Part is sought or has been received, then the applicant will obtain contractual assurances equivalent to the assurances contained in this Part from any such agency. The OMH shall at all times retain the authority to review such contractual arrangements and determine their adequacy.

(b) If the applicant intends to enter into a rental agreement or other agreement whereby the applicant obtains possession to the premises upon which the facility will be located, with an entity which is owned or controlled by the applicant, the applicant will require that entity to contractually agree to permit the OMH, its designees or representatives to have access to the books of that entity as they relate to the subject premises. Such contractual arrangements will be made on the advice and consent of the OMH. The OMH may waive this requirement when in the sole discretion of the OMH it is appropriate to do so.