2006 New York Code - Rental Rates And Selection Of Occupants.



 
    §  2860.  Rental rates and selection of occupants. 1. A company shall,
  with the approval of the commissioner, fix maximum rates to  be  charged
  occupants  of  each nursing home project for the facilities and services
  provided by the company to such occupants and the maximum  rates  to  be
  charged  to  persons  of low income who are not occupants of the project
  for the nursing care and health-related  service,  or  either  of  them,
  provided  by  the company to such persons, the average of such rates for
  any one project not to exceed the maximum average  rates  determined  by
  the  commissioner before any commitments are made by the company for the
  construction of the project. The commissioner upon his  own  motion,  or
  upon  application  by  the  company or lienholder may vary the amount of
  such charge from time to time so as to secure, together with  all  other
  income  of  the  company,  sufficient  income to meet, within reasonable
  limits, all necessary payments by the  said  company  of  all  expenses,
  including fixed charges, sinking funds and reserves.
    2.  The  facilities  and services provided by the company to occupants
  shall be available for persons of low income, whose  probable  aggregate
  annual  income  at  the  time  of  admission  and  during  the period of
  occupancy does not exceed two times the annual charges  to  be  paid  by
  such  persons.  Nursing  care  and  health-related service, or either of
  them, shall be available to persons of low income who are not  occupants
  of  the  project  whose probable annual income does not exceed two times
  the average  annual  charge  made  to  occupants  of  the  project.  The
  commissioner  may  make rules and regulations relating to the allocation
  of the income of a family among the members thereof for the  purpose  of
  determining the income attributable to any one person for the purpose of
  this subdivision.

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