S T A T E   O F   N E W   Y O R K
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    S. 3660                                                  A. 4769

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 8, 2013
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Aging

AN ACT to amend the real property law, in relation to lease-hold retire-
  ment communities

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
238-a to read as follows:
  S 238-A. LEASE-HOLD RETIREMENT COMMUNITY. 1. DEFINITIONS. AS  USED  IN
THIS SECTION:
  (A) A "LEASE-HOLD RETIREMENT COMMUNITY" SHALL MEAN A CONTIGUOUS PARCEL
OF  PRIVATELY  OWNED  REAL  PROPERTY CONTAINING TWO HUNDRED OR MORE LOTS
WHICH ARE LEASED TO OWNERS  OF  YEAR-ROUND  HOMES  ERECTED  THEREON  AND
AFFIXED  THERETO  WHEREIN  THE  OCCUPATION  IS RESTRICTED TO INDIVIDUALS
BASED ON AGE PURSUANT TO PARAGRAPH (H)  OF  SUBDIVISION  THREE  OF  THIS
SECTION.
  A  "LEASE-HOLD  RETIREMENT  COMMUNITY" SHALL NOT INCLUDE A MOBILE HOME
PARK, OR CONDOMINIUM, AS DEFINED IN THIS CHAPTER OR REAL PROPERTY  OWNED
BY A CORPORATION FORMED PURSUANT TO THE COOPERATIVE CORPORATIONS LAW.
  (B) "HOME OWNER" SHALL MEAN ONE WHO HOLDS TITLE TO A HOME.
  (C)  "TENANT"  SHALL  MEAN  ONE  WHO  OCCUPIES  A HOME IN A LEASE-HOLD
RETIREMENT COMMUNITY FOR THIRTY DAYS OR MORE, AND  WHOSE  OCCUPATION  OF
THE  HOME  IN  THE  LEASE-HOLD  RETIREMENT  COMMUNITY  IS  KNOWN  TO THE
LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR.
  2. LEASES. (A) ANY LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR
SHALL  OFFER  EVERY HOME OWNER THE OPPORTUNITY TO SIGN A LONG TERM LEASE
FOR NINETY-NINE YEARS, WITH AN OPTION OF THE HOME OWNER TO  CANCEL  SAID
LEASE ON NINETY DAYS WRITTEN NOTICE TO SAID OWNER OR OPERATOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01712-02-3
              

S. 3660                             2                            A. 4769

  (B)  A  COPY OF SUCH LEASE-HOLD RETIREMENT COMMUNITY'S RULES AND REGU-
LATIONS, IF ANY, SHALL BE ATTACHED TO AND BECOME A  PART  OF  THE  LEASE
PROVIDED FOR BY THIS SECTION, AS IF FULLY SET FORTH THEREIN.
  (C)  NO  RULES  OR  REGULATIONS  SHALL  BE INCONSISTENT WITH THE LEASE
PROVISIONS IN EFFECT AT THE COMMENCEMENT OF SUCH LEASE.
  (D) A COPY OF THE LEASE SHALL BE DELIVERED BY SUCH LEASE-HOLD  RETIRE-
MENT  COMMUNITY  OWNER  OR OPERATOR TO ALL HOME OWNERS OR TENANTS AT THE
TIME OF THE FIRST DEPOSIT MADE PAYABLE  TO  SAID  LEASE-HOLD  RETIREMENT
COMMUNITY OWNER OR OPERATOR.
  3.  RULES  AND  REGULATIONS.  (A)  THE LEASE-HOLD RETIREMENT COMMUNITY
OWNER OR OPERATOR MAY PROMULGATE RULES OR REGULATIONS GOVERNING THE RENT
AND USE OR OCCUPATION OF THE HOME LOT, PROVIDED THAT SUCH RULES OR REGU-
LATIONS SHALL NOT BE UNREASONABLE, ARBITRARY OR CAPRICIOUS.
  (B) A COPY OF ALL RULES AND REGULATIONS  SHALL  BE  DELIVERED  BY  THE
LEASE-HOLD  RETIREMENT COMMUNITY OWNER OR OPERATOR TO ALL HOME OWNERS OR
TENANTS AT THE TIME OF THE FIRST DEPOSIT MADE PAYABLE TO SAID LEASE-HOLD
RETIREMENT COMMUNITY OWNER OR OPERATOR.
  (C) A COPY OF ALL RULES AND REGULATIONS SHALL BE POSTED IN A CONSPICU-
OUS PUBLIC LOCATION UPON THE GROUNDS OF THE LEASE-HOLD RETIREMENT COMMU-
NITY.
  (D) IF A RULE OR REGULATION IS  NOT  APPLIED  UNIFORMLY  TO  ALL  HOME
OWNERS  OR  TENANTS,  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH
RULE OR REGULATION IS UNREASONABLE, ARBITRARY OR CAPRICIOUS.
  (E) ANY RULE OR REGULATION WHICH DOES NOT CONFORM TO THE  REQUIREMENTS
OF  THIS SECTION OR WHICH HAS NOT BEEN SUPPLIED OR POSTED AS REQUIRED BY
THIS SECTION, SHALL NOT BE ENFORCEABLE.
  (F) NO RULE OR REGULATION MAY BE ADDED, AMENDED, REPEALED  OR  CHANGED
BY  THE  LEASE-HOLD  RETIREMENT  COMMUNITY OWNER OR OPERATOR WITHOUT THE
WRITTEN CONSENT OF SIXTY PERCENT OF THE HOME OWNERS.
  (G) RULES AND REGULATIONS SHALL NOT TAKE  EFFECT  UNTIL  SUPPLIED  AND
POSTED PURSUANT TO THIS SUBDIVISION.
  (H)  SUCH  RULES AND REGULATIONS MAY ESTABLISH A MINIMUM AGE FOR INDI-
VIDUALS TO OCCUPY A HOME  WITHIN  THE  LEASE-HOLD  RETIREMENT  COMMUNITY
SUBJECT TO ANY APPLICABLE LAW.
  4.  FEES.  (A) NO LEASE-HOLD RETIREMENT COMMUNITY HOME OWNER OR TENANT
SHALL BE CHARGED A FEE, CHARGE, OR ASSESSMENT THAT IS NOT ALREADY SPECI-
FIED IN THEIR CURRENT LEASE AGREEMENT, EXCEPT FOR RENT,  UTILITIES,  AND
FEES  FOR SERVICES NECESSARY FOR THE OPERATION OF THE LEASE-HOLD RETIRE-
MENT COMMUNITY, UNLESS AGREED TO BY SIXTY PERCENT OF  ALL  OF  THE  HOME
OWNERS, SUCH AS FOR FACILITIES AVAILABLE TO THE HOMEOWNERS AND TENANTS.
  (B)  ALL  SUCH CHARGES FOR RENT, UTILITIES, SERVICES NECESSARY FOR THE
OPERATION OF THE LEASE-HOLD RETIREMENT COMMUNITY, AND FACILITIES  AVAIL-
ABLE  TO  THE  HOMEOWNERS  AND TENANTS MUST BE REASONABLY RELATED TO THE
VALUE OF THE FACILITY AVAILABLE OR THE SERVICES ACTUALLY RENDERED.
  (C) A LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR  MUST  FULLY
DISCLOSE  ALL  CHARGES  FOR  RENT, UTILITIES, SERVICES NECESSARY FOR THE
OPERATION OF THE LEASE-HOLD RETIREMENT COMMUNITY, AND FACILITIES  AVAIL-
ABLE TO THE HOMEOWNERS AND TENANTS TO ALL HOME OWNERS AT THE TIME OF THE
FIRST  DEPOSIT  MADE  PAYABLE TO SAID COMMUNITY OWNER OR OPERATOR. A NEW
FEE, CHARGE, OR ASSESSMENT THAT IS NOT SPECIFIED IN A HOMEOWNER'S  LEASE
AGREEMENT  SHALL  NOT  BE  COLLECTABLE  UNTIL  THE LEASE-HOLD RETIREMENT
COMMUNITY OWNER OR OPERATOR PROVIDES THE HOMEOWNER WITH A  WRITTEN  COPY
DETAILING SUCH FEE, CHARGE, OR ASSESSMENT.
  (D)  FAILURE  ON THE PART OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER
OR OPERATOR TO FULLY DISCLOSE ALL CHARGES FOR RENT, UTILITIES,  SERVICES
NECESSARY  FOR THE OPERATION OF THE LEASE-HOLD RETIREMENT COMMUNITY, AND

S. 3660                             3                            A. 4769

FACILITIES AVAILABLE TO THE HOMEOWNERS AND TENANTS PURSUANT TO PARAGRAPH
(C) OF THIS SUBDIVISION SHALL PREVENT THE SAID COMMUNITY OWNER OR OPERA-
TOR FROM COLLECTING SUCH CHARGES.
  5.  PROHIBITION.  NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
SHALL:
  (A) RESTRICT THE PURCHASE  AND/OR  INSTALLATION  OF  ANY  COMMODITIES,
GOODS  OR  SERVICES  BY  THE  HOME  OWNER  OR  AGENT THEREOF TO SPECIFIC
VENDORS, INCLUDING, BUT NOT  LIMITED  TO,  EMPLOYEES,  AGENTS  OR  OTHER
PERSONS  ACTING  FOR OR ON BEHALF OF THE LEASE-HOLD RETIREMENT COMMUNITY
OWNER OR OPERATOR.
  (B) RESTRICT THE  IMPROVEMENT,  INCLUDING  BUT  NOT  LIMITED  TO,  THE
INSTALLATION  OF APPLIANCES, TO ANY PROPERTY OF THE HOMEOWNER OR TENANT,
SO LONG AS SUCH IMPROVEMENT IS IN COMPLIANCE  WITH  APPLICABLE  BUILDING
CODES,  OTHER  PROVISIONS  OF  LAW, AND THE RULES AND REGULATIONS OF THE
LEASE-HOLD RETIREMENT COMMUNITY.
  (C) RESTRICT THE INSTALLATION, MAINTENANCE OR REPAIR OF  ANY  PROPERTY
OF  THE  HOME  OWNER  OR  TENANT  TO SPECIFIC VENDORS INCLUDING, BUT NOT
LIMITED TO, EMPLOYEES, AGENTS OR OTHER PERSONS ACTING FOR OR  ON  BEHALF
OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR.
  (D) CHARGE A FEE OR IMPOSE OTHER CHARGES ON A HOME OWNER OR TENANT WHO
CHOOSES  TO  INSTALL APPLIANCES AND/OR FIXTURES. THIS SHALL NOT RESTRICT
THE ABILITY OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR  TO
COLLECT INCREASED UTILITY CHARGES RESULTING FROM THE INSTALLATION OF ANY
APPLIANCE OR FIXTURE.
  (E)  IMPOSE  ANY  CHARGE  FOR OR RESTRICT THE INGRESS OR EGRESS TO THE
LEASE-HOLD RETIREMENT COMMUNITY OF, ANY PERSON  EMPLOYED,  RETAINED,  OR
INVITED BY THE HOME OWNER OR TENANT.
  6. SALE OF HOMES. (A) A LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPER-
ATOR  SHALL  NOT  PLACE  RESTRICTIONS  ON  THE  SALE  OF  A  HOME IN THE
LEASE-HOLD RETIREMENT COMMUNITY.
  (B) THE RIGHT TO SELL A LEASE-HOLD RETIREMENT COMMUNITY HOME  INCLUDES
THE INCIDENTAL RIGHT TO USE ANY AND ALL METHODS COMMON TO SALES OF RESI-
DENTIAL PROPERTY.
  (C)  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL ENTER
INTO A LEASE AGREEMENT WITHIN A REASONABLE TIME FROM THE  COMPLETION  OF
THE SALE PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITH THE SUBSEQUENT
PURCHASER OF A HOME IN THE LEASE-HOLD RETIREMENT COMMUNITY.
  (D)  THE  LEASE-HOLD  RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL NOT
EXACT A COMMISSION OR FEE WITH RESPECT TO  THE  PRICE  REALIZED  BY  THE
SELLER UNLESS THE COMMUNITY OWNER OR OPERATOR HAS ACTED AS AGENT FOR THE
SAID HOME OWNER IN THE SALE PURSUANT TO A WRITTEN CONTRACT.
  7.  (A)  THE  LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER OR OPERATOR MAY
RESERVE THE RIGHT TO APPROVE ANY TENANTS  WHO  LEASE  OR  SUBLEASE  REAL
PROPERTY  AND  ANY  IMPROVEMENTS  THEREON  FROM  A  HOMEOWNER WITHIN THE
LEASE-HOLD RETIREMENT COMMUNITY.   THE LEASE-HOLD  RETIREMENT  COMMUNITY
OWNER  OR  OPERATOR MAY ONLY WITHHOLD APPROVAL IF THE PROPOSED TENANT OR
PROPOSED LEASE OR SUBLEASE IS NOT IN  CONFORMITY  WITH  THE  ESTABLISHED
RULES AND REGULATIONS OF SUCH LEASE-HOLD RETIREMENT COMMUNITY.
  (B)  IF  A HOMEOWNER WISHES TO LEASE OR SUBLEASE REAL PROPERTY AND ANY
IMPROVEMENTS THEREON WITHIN A LEASE-HOLD RETIREMENT COMMUNITY:
  (1) THE HOMEOWNER MUST  INFORM  THE  LEASE-HOLD  RETIREMENT  COMMUNITY
OWNER  OR OPERATOR NO LESS THAN THIRTY DAYS PRIOR TO THE PROPOSED EFFEC-
TIVE DATE OF SUCH LEASE OR SUBLEASE.
  (2) THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR MAY  REQUEST
ADDITIONAL INFORMATION FROM THE HOMEOWNER WITHIN TEN DAYS. IF SUCH ADDI-
TIONAL  INFORMATION  IS  NOT  UNDULY BURDENSOME, FAILURE TO PROVIDE SUCH

S. 3660                             4                            A. 4769

ADDITIONAL INFORMATION WILL ALLOW THE  LEASE-HOLD  RETIREMENT  COMMUNITY
OWNER  OR  OPERATOR TO WITHHOLD THEIR APPROVAL OF THE PROPOSED TENANT OR
PROPOSED LEASE OR SUBLEASE.
  (3)  IF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR DOES NOT
RESPOND BY APPROVING OR WITHHOLDING APPROVAL OF THE PROPOSED  TENANT  OR
PROPOSED  LEASE OR SUBLEASE WITHIN THIRTY DAYS OF THE INITIAL REQUEST BY
THE HOMEOWNER, THE PROPOSED TENANT OR PROPOSED LEASE OR  SUBLEASE  SHALL
BE DEEMED APPROVED.
  8.  EMERGENCIES.   A LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
SHALL DESIGNATE A PHONE NUMBER THAT IS AVAILABLE ON A  TWENTY-FOUR  HOUR
BASIS  TO  INSURE  THE  AVAILABILITY  OF  EMERGENCY  RESPONSE IN MATTERS
AFFECTING THE HEALTH, SAFETY,  WELL-BEING,  AND/OR  GENERAL  WELFARE  OF
LEASE-HOLD  RETIREMENT COMMUNITY TENANTS.  THE TELEPHONE NUMBER SHALL BE
POSTED IN A CONSPICUOUS PUBLIC LOCATION  IN  THE  LEASE-HOLD  RETIREMENT
COMMUNITY, GIVEN IN WRITING TO EACH HOMEOWNER AND TENANT, AND REGISTERED
WITH APPROPRIATE MUNICIPAL LAW ENFORCEMENT, HEALTH AND FIRE OFFICIALS.
  9.  RETALIATION.  NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
MAY THREATEN REPRISAL AGAINST ANY OF SUCH HOME OWNERS OR  TENANTS  AS  A
RESULT OF THEIR LAWFUL PURSUITS AND ACTIVITIES.
  10.  REFUSAL  TO  FURNISH SERVICE. ANY LEASE-HOLD RETIREMENT COMMUNITY
OWNER OR OPERATOR WHO HAS AGREED TO PROVIDE HOT  OR  COLD  WATER,  HEAT,
LIGHT,  POWER,  OR  ANY  OTHER SERVICE OR FACILITY TO AN OCCUPANT OF THE
LEASE-HOLD RETIREMENT COMMUNITY SHALL  NOT  WILLFULLY  OR  INTENTIONALLY
FAIL  TO  FURNISH  SUCH  WATER,  HEAT,  LIGHT, POWER OR OTHER SERVICE OR
FACILITY, OR INTERFERE WITH THE QUIET ENJOYMENT OF THE LEASED PREMISES.
  11. RECEIPTS. UPON RECEIPT OF RENT, FEES,  CHARGES  OR  OTHER  ASSESS-
MENTS,  IN  THE  FORM  OF CASH OR ANY INSTRUMENT OTHER THAN THE PERSONAL
CHECK OF THE TENANT, IT SHALL BE THE DUTY OF THE  LEASE-HOLD  RETIREMENT
COMMUNITY  OWNER OR OPERATOR TO PROVIDE THE PAYOR WITH A WRITTEN RECEIPT
CONTAINING THE FOLLOWING:
  (A) THE DATE;
  (B) THE AMOUNT;
  (C) THE IDENTITY OF THE PREMISES AND THE PURPOSE FOR WHICH PAID;
  (D) THE SIGNATURE AND TITLE OF THE PERSON RECEIVING PAYMENT.
  12. REMEDIES. (A) ANY LEASE-HOLD RETIREMENT COMMUNITY  HOME  OWNER  OR
TENANT INJURED OR DAMAGED IN WHOLE OR IN PART AS A RESULT OF A VIOLATION
OF  ANY OF THE PROVISIONS OF THIS SECTION MAY BRING AN ACTION FOR RECOV-
ERY OF ACTUAL DAMAGES PLUS  REASONABLE  ATTORNEY'S  FEES  OR  INJUNCTIVE
RELIEF  AS APPROPRIATE. THE REMEDY SHALL BE IN ADDITION TO AND SHALL NOT
PRECLUDE OR DIMINISH ANY ACTION THAT AN INDIVIDUAL MAY HAVE UNDER COMMON
LAW OR ANY LOCAL, STATE OR FEDERAL LAW OR REGULATION.
  (B) THE COUNTY ATTORNEY MAY COMMENCE AN ACTION TO  RESTRAIN,  PREVENT,
AND/OR  ENJOIN  A  VIOLATION  OF  THIS  SECTION OR A CONTINUANCE OF SUCH
VIOLATION OF THIS SECTION OR  A  CONTINUANCE  OF  SUCH  VIOLATION  BY  A
LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR.
  S  2. Separability. If any part or provision of this act or the appli-
cation thereof to a person or circumstance is adjudged  invalid  by  any
court  of competent jurisdiction, such judgment shall be confined in its
operation to the part or the provision or application directly  involved
in  the  controversy in which such judgment shall have been rendered and
shall not affect or impair the validity of the remainder of this act  or
application thereof to other persons or circumstances.
  S  3. This act shall take effect on the first of October next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
sales,  actions,  or  leases  involving  lease-hold retirement community
homes occurring or entered into on or after such date.