S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3818--A                                            A. 3145--A
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and when printed to be committed to the Committee on Judiciary --
   recommitted to the Committee on Judiciary in  accordance  with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to  the Committee on Aging -- recommitted to the Committee on Aging in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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:
   § 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,  A  CONTINUING  CARE
 RETIREMENT  COMMUNITY  AUTHORIZED UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A
 OF THE PUBLIC HEALTH LAW, OR A COOPERATIVE HOUSING  CORPORATION  CREATED
 PURSUANT TO THE BUSINESS CORPORATION LAW.
   (B) "HOME OWNER" SHALL MEAN ONE WHO HOLDS TITLE TO A HOME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04080-02-8

 S. 3818--A                          2                         A. 3145--A
 
   (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.
   (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

 S. 3818--A                          3                         A. 3145--A
 
 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
 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.

 S. 3818--A                          4                         A. 3145--A
 
   (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
 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.
   § 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

 S. 3818--A                          5                         A. 3145--A
 
 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.
   §  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.