75.01 – Short Title.
§ 75.01 Short title. This article shall be known and may be cited and referred to as the “community mental health services and developmental disabilities services companies law”.
75.03 – Policy and Purposes of Article.
§ 75.03 Policy and purposes of article. It is hereby declared that the provision of new and improved community facilities is necessary to care for the increasing number of persons afflicted with mental disability. Such facilities should be located close to the people they serve in order to speed rehabilitation and restoration and to provide […]
75.05 – Definitions.
§ 75.05 Definitions. As used in this article the following words and phrases shall have the following meanings unless a different meaning is plainly required by the context: 1. “Company”, “community mental health services company” or “community developmental disabilities services company”. A company, duly incorporated pursuant to the provisions of the not-for-profit corporation law and […]
75.07 – Companies; How Created.
§ 75.07 Companies; how created. Notwithstanding the provisions of any other law or requirement to the contrary, companies shall be incorporated and organized pursuant to the not-for-profit corporation law and this article. In addition to those matters required to be set forth in the certificate of incorporation by the not-for-profit corporation law, the certificate shall […]
75.09 – Approval of Commissioner.
§ 75.09 Approval of commissioner. Whenever any such certificate shall be presented to the secretary of state, he shall not file such certificate unless there is endorsed thereon or annexed thereto the written approval of the commissioner in accordance with section 13.22 of this chapter; nor shall any amendment to the certificate of incorporation be […]
75.13 – Powers and Limitations of a Company.
§ 75.13 Powers and limitations of a company. (a) Except as is inconsistent with the provisions of this article, a company shall have, in carrying out the purposes of this article, the powers conferred on corporations by the not-for-profit corporation law and shall be subject to the limitations contained therein. (b) Companies shall have the […]
75.15 – Members, Officers, and Directors.
§ 75.15 Members, officers, and directors. No member or director of a company shall receive any salary or other compensation for services as such member or director, other than reimbursement of actual and necessary expenses incurred in the performance of his duties. No member, officer, or employee of a company shall acquire any interest, direct […]
75.17 – Mortgage Loans.
§ 75.17 Mortgage loans. (a) Any company formed under this article may, subject to the approval of the commissioner, borrow funds from the New York state housing finance agency and secure the repayment thereof by bond or note and mortgage which shall contain such terms and conditions as may be deemed necessary or desirable by […]
75.19 – Conditions and Security for Loans.
§ 75.19 Conditions and security for loans. No loan shall be made by the New York state housing finance agency to a company until the commissioner has approved the project and finds that: 1. The company has complied with all of the provisions of this article and all applicable laws and regulations; 2. There is […]
75.21 – Rates and Fees.
§ 75.21 Rates and fees. A company shall, with the approval of the commissioner, fix maximum rates and fees to be charged in-patients or out-patients of each project for the facilities and services provided by the company to such in-patients or out-patients, the average of such rates and fees for any one project not to […]
75.23 – Transfer of Real Property.
§ 75.23 Transfer of real property. Notwithstanding any requirement of law to the contrary or any provision of any general, special or local law, charter or ordinance, every executor, administrator, trustee, guardian, or other person holding trust funds or acting in a fiduciary capacity, unless the instrument under which such fiduciary is acting expressly forbids, […]
75.25 – Supervision and Regulation.
§ 75.25 Supervision and regulation. (a) The commissioner may from time to time make, alter, amend, and repeal rules and regulations for the supervision, examination, regulation, and audit of companies and for carrying into effect the provisions and purposes of this article, and each company shall submit an annual report of its operations to the […]
75.27 – Voluntary Dissolution.
§ 75.27 Voluntary dissolution. At any time after the expiration of twenty years after the occupancy date, or such earlier date as the bonds issued by the New York state housing finance agency with respect to the project are subject to redemption, a company may be voluntarily dissolved, with the consent of the commissioner, upon […]
75.29 – Foreclosures and Judgments.
§ 75.29 Foreclosures and judgments. (a) In any foreclosure action the commissioner shall be made a party defendant. He shall take all steps necessary to protect the interests of the public therein and no costs shall be awarded against him. Foreclosures shall not be decreed unless the court to which application is made shall be […]
75.33 – Fees and Charges.
§ 75.33 Fees and charges. The commissioner may by regulation establish and charge to any company such fees and charges for inspection, regulation, supervision, and audit as to the commissioner may appear just and reasonable in order to recover the departmental costs in performing these functions.
75.35 – Separability.
§ 75.35 Separability. If any clause, sentence, paragraph, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in […]