New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 621 - Financial Assistance for Capital Construction and Financing
Section 621.15 - Release of the applicant
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 621.15
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The commissioner may, within the 20-year period after completion of construction of the facility, or within the period during which the applicant agreed to operate the facility, release the applicant, in whole or in part, from its obligation to continue the operation of the facility as an OPWDD certified facility as set forth in its application; provided, however, that if the facility is subject to an HFA mortgage said release shall require the written concurrence of the New York State Housing Finance Agency.
(b) The decision to make such release shall take into consideration the extent to which:
(1) assurance is received that the facility
will be devoted by the applicant to another public use which will promote the
purposes contained in articles 13 and 41 of the Mental Hygiene Law;
or
(2) There are reasonable
assurances that for the remainder of the 20-year period, or the period during
which the applicant agreed to operate the facility, other facilities not
previously utilized for the care of persons with developmental disabilities
will be so utilized and are substantially equivalent in nature and extent for
such purposes.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
