November 22, 2024
The Honorable Kathy Hochul
Governor of New York State
Executive Chamber
NYS State Capitol Building
Albany, NY 1222
Dear Governor Hochul:
We, the undersigned organizations, understand that you have called up S.4877-A (Mayer) / A.2740-B (Paulin) and we strongly urge you to sign it into law. This important measure will begin to make necessary improvements to the contracting process in New York State. Its enactment would indeed strengthen New York’s not-for-profit network as they prepare for the fight of a lifetime to protect civil rights and ensure that vital safety net benefits continue.
Not-for-profit organizations provide critical services as an extension of the state via contractual agreements. In many cases, not-for-profit organizations are providing safety net services and vital economic support that help to keep families housed, in good health, and put food on the table. In the case of civil legal services, this includes vital legal work to support those facing domestic violence, housing instability, custody battles, loss of income, immigration challenges, and more.
However, the contracting process in New York State is consistently slow, delaying payment and undermining the financial stability of not-for-profit providers. Furthermore, the reimbursement model that requires not-for-profits to hire and pay staff and then be reimbursed does not work for organizations that are small or do not have reserves or significant lines of credit. As a result, small organizations, many led by individuals from marginalized communities, are unable to do business with the state.
Given the changes in the federal landscape, New York State’s not-for-profit organizations are even more critical to defending civil rights and providing safety net services. Signing this legislation would help remove some existing burdens on not-for-profits and allow them to better serve our most vulnerable and marginalized communities, who are already coming under attack. This bill would indeed go a long way to put our agencies on better footing so they may continue to work hand-in-glove with the state to protect New Yorkers.
Faced with the financial burdens of late contract registration and subsequent late payment, not-for-profit organizations must scramble to shift resources, raise private dollars to subsidize state services, utilize high-interest lines of credit and even take out personal loans to cover the gaps when cash flow dips into the red. In worst-case scenarios, organizations are forced to suspend services or worse, close their doors. Moreover, not-for-profit organizations are navigating multiple challenges from difficulty with recruiting and retaining staff, to the conflation of inflation and the rising cost of doing business with flat funding. These delays and uncertainty undermine the ability to support staff via salary increases and hampering the ability to be competitive in recruiting key staff including attorneys.
This bill will take critical steps to address the chronic delay in contracting execution in New York State. It will establish a “non-compliant state agency” category that outlines three circumstances of delayed action by an agency on a contract. If deemed “non-compliant,” the offending agency would be required to submit detailed information about the delayed contracts to the State Comptroller and the grantee to effectuate prompt execution of the delinquent items. The bill would also require the non-compliant agency to also submit a six-month progress report to the Comptroller and legislature on efforts to remedy deficient contracts and to recommend changes to internal policies and procedures for grants moving forward. Lastly, the proposal would require the provision of the state’s payment schedule in all written directives and mandate the payment of interest for any late payments made to grantees.
This legislation will provide not-for-profit organizations with information about the status of their contracts to allow for planning. Such information is not currently consistently available. It will also help the Executive to determine where improvements can be made and how to implement them. While we are aware that state agencies face resource challenges of their own, without a reasonable degree of certainty of timeliness in payment, a not-for-profit organization's ability to fill positions and meet service delivery commitments will remain tenuous. These measures, over time, will improve the contracting process and ultimately improve the delivery of essential services to New Yorkers, including those from marginalized communities. New York can do better and this bill is a very good first step.
Thank you for your attention to this important measure. We welcome the opportunity to answer any questions or to discuss further with your staff.
Sincerely,
Signatories
(As of November 22, 2024)
The New York Legal Services Coalition
The New York Council of Nonprofits, Inc.
2-1-1 New York Inc.
ACACIA NETWORK
Access Justice Brooklyn
ACR Health
Action for a Better Community Inc.
Action for Older Persons
Advocacy Center of Tompkins County
Advocates Incorporated
Albany Law School CED Clinic
Allegany County Community Opportunities and Rural Development, Inc
Alliance of New York State YMCAs
Arts Business Collaborative
Arts Council for Wyoming County
BestSelf Behavioral Health, Inc.
Black Cultural Capital
Broadway Community
Bronx Freedom Fund
Bronx House
Brooklyn Legal Services Corporation A
Brooklyn Neighborhood Services
CAMBA, Inc.
CASES
Catholic Charities Family and Community Services
Catholic Charities of Buffalo
Catholic Charities of the Diocese of Albany
Catskill Center for Conservation and Development
Cattaraugus Community Action, Inc.
Causewave Community Partners
CCCS of Rochester
Center for Community Alternatives, Inc.
Center for Elder Law & Justice
Center for Independence of the Disabled, New York
Center for Justice Innovation
Center for NYC neighborhood
Challenger/Miracle Field Of WNY Inc.
Charles Settlement House & Community Place of Greater Rochester
Chautauqua Opportunities inc
Chemung County Habitat for Humanity
Child and Family Services
Child Development Council of Central New York Inc
Children's Aid
Children's Rights Society
Citizens Concerned for Children, Inc.
City Bar Justice Center
City Harvest
City of Rochester
Climate Solutions Accelerator of the Genesee-Finger Lakes Region
Coddington Road Community Center, Inc
Common Threads
Community Action of Orleans and Genesee
Community Science Institute
Compeer Rochester
Consumer Credit Counseling Service of Rochester, Inc.
Coordinated Care Services, Inc. (CCSI)
Cornell Cooperative Extension of Suffolk County
Cortland County Community Action Program, Inc.
Council of Agency Executives
Cypress Hills Local Development Corporation, Inc.
Day One
Deaf Refugee Advocacy, Inc
Delaware Opportunities
Delphi Drug & Alcohol Council, Inc. DBA Delphi Rise
Dress for Success Rochester
Early Care & Learning Council
ECLI-VIBES
Economic Opportunity Program, Inc.
Empire Clean Cities
Empire Justice Center
Episcopal Actors' Guild
Erie County Bar Association Volunteer Lawyers Project, Inc.
ExpandED Schools
FAIRNY
Family Counseling Service of the Finger Lakes, Inc.
Fearless! Hudson Valley, Inc.
Feeding New York State
Feeding Westchester
FeedMore Western New York
Fence Magazine, Inc.
Fifth Avenue Committee
Finger Lakes Community Health
Food Bank For New York City
Food Bank of Central New York
Foodlink
Forward Leading IPA (FLIPA)
FPWA (Federation of Protestant Welfare Agencies)
Frank H. Hiscock Legal Aid Society
Fresh Youth Initiatives
Fulmont Community Action Agency, Inc
Garrison Art Center
Genesee Co-op Federal Credit Union
Genesee Land Trust, Inc.
Goddard Riverside Law Project
Golden Opportunity
Golden Opportunity (GO), Inc.
Goodwill Finger Lakes
Goodwill Industries of Greater NY and Northern NJ
Grand Street Settlement
Grants4Good LLC
Greater Mental Health of New York
H.O.M.E, Inc.
Habitat for Humanity of Tompkins and Cortland Counties
HANAC, Inc.
Health WorkForce New York
Healthy Community Alliance, Inc.
Hillside
His Branches Community Health Center
HOPE for Bereaved, Inc.
Hope's Door
Hopeprint, Inc
Housing and Family Services of Greater New York
Housing Conservation Coordinators
Housing Works
Human Development Services of Westchester
Human Services Coalition of Tompkins County
Human Services Council of NY
Hunger Free America Inc.
Hunger Solutions New York
Huther Doyle Memorial Institute
Immigrant ARC
In Our Own Voices, Inc
Interfaith Assembly on Homelessness and Housing
InterFaith Works of Central New York
International Center of the Capital Region
Ithaca Community Radio Inc.
JASA
JASA Legal Services for Elder Justice
JCCA
JCEO of Clinton and Franklin Counties, Inc.
Jewish Community Council of Greater Coney Island
Jewish Family Services of Rochester
Jewish Family Services of Western New York
Journey's End Refugee Services
Just-Tech
JustCause
KAVI (Kings Against Violence Initiative)
Keeping Our Promise Inc.
Kingsbridge Heights Community Center
La Fuerza Unida Inc.
Lantern Community Services
LAUNCH
Lawyers For Children
Legal Aid Bureau of Buffalo, Inc.
Legal Services of the Hudson Valley
Lewis County Opportunities, Inc.
Lifespan of Greater Rochester, Inc.
Literacy Volunteers of Rensselaer County
Long Island Advocacy Center, Inc.
Long Island Housing Services, Inc.
Long Island Social Justice Action Network
Love Living at Home
Make the Road New York
Martin De Porres Youth and Family Services
McMahon Ryan Child Advocacy Center
Menands Public Library
Mercy Center
MHA Rochester/Monroe County, Inc.
MMCC
Mohawk Valley CAA
Neighborhood Collabrative Project
Neighborhood Defender Services of Harlem
Neighbors Helping Neighbors
New Hour
New York Legal Assistance Group (NYLAG)
New York State Coalition Against Domestic Violence
New York State Community Action Association (NYSCAA)
New York State Council for Community Behavioral Healthcare
New York State Horse Council, Inc.
New York StateWide Senior Action Council
Niagara Community Action Program, Inc.
NMIC
NYC Alliance Against Sexual Assault
Oak Orchard Community Health Center, Inc.
OLA of Eastern Long Island
Opportunities for Otsego, Inc.
Orchestra Association of Northern New York
Partners Ending Homelessness
Partners in Learning, Inc.
People Inc.
Pinnacle Community Services
Prevent Child Abuse New York
Pro Bono Net, Inc.
Progressives Educating New Yorkers, Inc.
Project Guardianship
Project Hospitality
Public Health Solutions
Queens Jewish Community Council
Queens Volunteer Lawyers Project, Inc.
Racker
REACH CNY, Inc.
Refugee & Immigrant Self-Empowerment ( RISE)
Refugee and Immigrant Support Services of Emmaus, Inc.
Refugees Helping Refugees
Reher Center for Immigrant Culture and History
RESTORE Sexual Assault Services
Rise-NY
Rising Ground, Inc.
Robin Hood
Rochester Hearing & Speech Center
Rural Law Center of New York, Inc.
Salvation Army
Samaritan Daytop Village, Inc
Schenectady Community Action Program (SCAP)
Schuyler Center for Analysis and Advocacy
Sid Jacobson Jewish Community Center, Inc.
SPCC
Suicide Prevention & Crisis Service, Inc. (Crisis Services)
Sullivan County Conflict Legal Aid, Inc.
Sunnyside Community Services
Survivor Advocacy Center of the Finger Lakes
Syracuse Northeast Community Center
Taproot Collective, Inc.
The Child Center of NY
The Children's Agenda
The Children's Village and Harlem Dowling
The Family Counseling Center
The Health & Housing Consortium
The Jewish Board of Family & Children's Services
The Legal Aid Society of Rochester NY
The Public Utility Law Project
The Reading Institute
The Safe Center LI, Inc.
The Salvation Army Syracuse Area Services
Tioga Opportunities, Inc.
Tioga United Way
Tri County Arts Council
Trillium Health
United Jewish Council of the East Side, Inc.
United Neighborhood Houses
United Way of Buffalo & Erie County
United Way of Greater Oswego County
United Way of Greater Rochester and the Finger Lakes
United Way of Mid Rural New York
United Way of New York State
United Way of Orleans County, NY
United Way of the Dutchess-Orange Region
United Way of the Greater Capital Region
United Way of the Mohawk Valley
United Way of Tompkins County
United Way of Westchester and Putnam
University Settlement Society of New York
Urban Justice Center
Urban Pathways
Victims Assistance Center of Jefferson County
Volunteer Lawyers Project of CNY
Volunteers of Legal Services
Wellspring
West Indian American Day Carnival Association
Westcott Community Center
Western New York Law Center
WHOLE ME, Inc.
WNYIL
Woodstock Byrdcliffe Guild
Wyoming County Community Action
YMCA of Greater New York
YMCA of Greater Rochester
YMCA of Ithaca and Tompkins County
Zone 126
Anne Schlecter
Cecilia Stancell
Curtis Kendrick
David Solomon
Debbie Vilardi
Evan Mack
Jennifer Canning
JoAnne Metzler
Kimberly Townsend
Nancy Erickson
Pauline E. Burnes, PLLC
Sarah Wessels
Susan Lob