N.Y. Comp. Codes R. & Regs. tit. 10, § 1001.3
(c) A request for approval of a certificate of incorporation or amendment thereto for the purpose of soliciting funds for the eventual establishment and operation of an assisted living residence, enhanced assisted living residence or special needs assisted living residence shall contain such information as may be required to determine that the corporation has the competency to develop and operate a residence in compliance with applicable law and regulations, and would be successful in raising funds necessary to establish the proposed residence within a period of not more than five years from the date of the department's approval. Such a request shall include:
(e) A proposed or existing not-for-profit corporation which desires to file or amend a certificate of incorporation for the purpose of fundraising for the eventual establishment of an assisted living residence shall comply with the provisions of 18 NYCRR section 485.4 as well as the provisions set forth in this section.
(f)