Section 44. General and administrative provisions


Latest version.
  • 1. The department, in
      consultation with the division of housing  and  community  renewal,  the
      office  of mental health and other appropriate agencies, shall issue and
      promulgate rules and regulations for the administration of this article.
      The rules and regulations shall provide that state financial  assistance
      pursuant to this article will not be available unless an application has
      been filed by the municipality, not-for-profit corporation or subsidiary
      thereof,  public  corporation  or  charitable organization or subsidiary
      thereof with the department pursuant to a request for  proposals  issued
      by  the commissioner. The rules and regulations shall include provisions
      concerning eligibility of municipalities and contracting  not-for-profit
      corporations or subsidiaries thereof, public corporations and charitable
      organizations  or  subsidiaries  thereof for state financial assistance;
      the form of the applications for contracts;  funding  criteria  and  the
      funding  determination  process;  the form of the contracts; supervision
      and  evaluation  of  the  contracting  municipalities  or  corporations;
      reporting,  budgeting  and  record-keeping  requirements; provisions for
      modification, termination, extension and renewal of contracts; and  such
      other  matters not inconsistent with the purposes and provisions of this
      article as the commissioner shall deem necessary, proper or appropriate.
        2. The commissioner may provide that preference be given  to  contract
      applications that (a) involve other sources of funds (municipal, federal
      or  any source other than the state), in-kind contributions made by such
      sources,  or  involve  projects  receiving  state  financial  assistance
      pursuant   to   chapters   three  hundred  thirty-eight,  three  hundred
      thirty-nine and five hundred forty-nine of the laws of nineteen  hundred
      eighty-two,   in  order  to  maximize  the  effect  of  state  financial
      assistance  or  (b)  involve  innovative  and  cost-effective   homeless
      projects that may help resolve the long-term problems of the homeless or
      (c) involve the rehabilitation of existing structures.
        3.  The  commissioner  shall, in consultation with the commissioner of
      housing and community renewal, the commissioner of mental health and the
      commissioners of other  appropriate  agencies,  evaluate  the  need  for
      homeless  projects  in  various  areas  of  the  state and among various
      populations,  including,  but  not  limited  to,  homeless  men,  women,
      families  and  runaway  youth,  and  shall allocate funds, to the extent
      practicable, to meet these needs; provided, however, that no  more  than
      fifty  per  centum  of  the  total  amount appropriated pursuant to this
      article in any fiscal year shall be  allocated  to  contracts  with  any
      single municipality.
        4. The department shall provide for the review, at periodic intervals,
      of the performance of the municipalities, not-for-profit corporations or
      subsidiaries  thereof,  public corporations and charitable organizations
      or subsidiaries thereof receiving financial assistance pursuant to  this
      article.  Such  review shall, among other things, be for the purposes of
      ascertaining  conformity  to  contractual  provisions,   the   financial
      integrity  and efficiency of the organizations and the evaluation of the
      project.  Contracts  entered  into  pursuant  to  this  article  may  be
      terminated   by   the   commissioner   upon  a  finding  of  substantial
      nonperformance or other breach by the organization  of  its  obligations
      under its contract with the municipality.
        5.  The  commissioner  shall  require  that all homeless projects that
      received financial assistance pursuant to this article shall comply with
      all regulations applicable to projects of this type promulgated  by  the
      department,  by  the division of housing and community renewal and other
      municipal, state and federal regulations and laws. The commissioner  may
      terminate  any  contract  upon a finding that a substantial violation of
    
      such regulations or laws has  remained  uncorrected  for  a  substantial
      period of time.
        6.  In  order to further the purposes of this article, social services
      districts shall, in  accordance  with  regulations  promulgated  by  the
      department,  undertake  such efforts as may be necessary and practicable
      to assist homeless persons apply for and obtain appropriate governmental
      assistance.
        7. On or before February first, nineteen hundred eighty-four and on or
      before February first of each year thereafter in which  contracts  under
      this  section  are  in  force,  the  commissioner  shall  submit  to the
      governor, the temporary president of the senate and the speaker  of  the
      assembly a report detailing progress and evaluating results, to date, of
      the program.
        8.  Notwithstanding  the provisions of any general or special law, the
      director of the budget is authorized to transfer to the homeless housing
      and assistance account funds otherwise appropriated or reappropriated to
      the department of social services for the fiscal years beginning on  and
      after  April  one,  nineteen hundred ninety, in an amount or amounts the
      director of the budget determines to  be  necessary  to  carry  out  the
      provisions of the homeless housing and assistance program.