N.Y. Comp. Codes R. & Regs. tit. 18, § 435.10
(c) Payments may be made by a social services district for reserved accommodations in foster family boarding homes or emergency foster family boarding homes approved for the provision of respite care and services, subject to the following limitations:
(5) any reserved bed accommodations for respite care and services must not cause reserved accommodations to exceed five percent of the certified foster family boarding home beds in any social services district.
(d)