NY State Assembly Bill 2023-A4955B

Assembly Bill A4955B

2023-2024 Legislative Session

Defines lease-hold retirement community and proscribes rules and regulations for ownership and operation thereof

download bill text pdf

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2024	referred to judiciary delivered to senate passed assembly
Jan 03, 2024	ordered to third reading cal.139 returned to assembly died in senate
Jun 09, 2023	referred to rules delivered to senate passed assembly
Jun 08, 2023	ordered to third reading rules cal.758 rules report cal.758 reported
Jun 01, 2023	amend and recommit to rules 4955b
May 31, 2023	reported referred to rules
May 24, 2023	reported referred to codes
May 19, 2023	print number 4955a
May 19, 2023	amend and recommit to housing
Feb 27, 2023	referred to housing

Bill Amendments

Original

B (Active)

2023-A4955 - Details

See Senate Version of this Bill:: S7437
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §238-b, amd §233-b, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2136
2013-2014: A4769
2015-2016: A6268
2017-2018: A3145
2019-2020: A6364
2021-2022: A9213

2023-A4955 - Summary

Sets up rules and regulations for the operation of lease-hold retirement communities to provide adequate housing for senior citizens wishing to retire and locate in a lease-hold retirement community; grants owners of homes in lease-hold retirement communities the right to sell their homes by methods common to sales of residential property; requires that owners of lease-hold retirement communities offer owners of homes the option to sign a long-term ninety-nine year lease.

2023-A4955 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4955
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Housing
 
 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-b to read as follows:
   §  238-B.  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.
   (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.
                                                            LBD02016-01-3
 A. 4955                             2

 
   (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
 A. 4955                             3
 
 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
 A. 4955                             4
 
 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; AND
   (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. Subdivision 1 of section 233-b of the real property law, as added
 by section 12 of part O of chapter 36 of the laws of 2019, is amended to
 read as follows:
   1. The provisions of this section  shall  apply  to  all  manufactured
 homes  located  in  a  manufactured  home park as defined in section two
 hundred thirty-three of this article, however manufactured homes located
 in manufactured home parks that are subject to  a  regulatory  agreement
 with a governmental entity to preserve affordable housing or that other-
 wise  limits  rent  increases  are  exempt  from  the provisions of this
 section.   HOMES IN A LEASE-HOLD RETIREMENT  COMMUNITY,  AS  DEFINED  IN
 SECTION  TWO  HUNDRED  THIRTY-EIGHT-B  OF  THIS  ARTICLE,  SHALL ALSO BE
 A. 4955                             5
 
 SUBJECT TO THE PROVISIONS OF THIS SECTION RELATING TO RENT INCREASES THE
 SAME AS A MANUFACTURED HOME PARK.
   §  3. 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.
   §  4. 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,  rent increases, or leases involving lease-hold retire-
 ment community homes occurring or entered into on or after such date.

co-Sponsors

2023-A4955A - Details

See Senate Version of this Bill:: S7437
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §238-b, amd §233-b, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2136
2013-2014: A4769
2015-2016: A6268
2017-2018: A3145
2019-2020: A6364
2021-2022: A9213

2023-A4955A - Summary

2023-A4955A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4955--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Housing -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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-b to read as follows:
   §  238-B.  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  MANUFACTURED
 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.
   (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.
                                                            LBD02016-03-3
 A. 4955--A                          2

 
   (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 SPECI-
 FYING THE DATE OF IMPLEMENTATION OF SAID  ADDED,  AMENDED,  REPEALED  OR
 CHANGED  RULE  OR  REGULATION,  WHICH DATE SHALL BE NO FEWER THAN THIRTY
 DAYS AFTER WRITTEN NOTICE TO ALL HOME OWNERS OR TENANTS.
   (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 EXCEPT  FOR  RENT,  UTILI-
 TIES,  AND  FEES  FOR SERVICES NECESSARY FOR THE OPERATION OF THE LEASE-
 HOLD RETIREMENT COMMUNITY, SUCH AS FOR FACILITIES AVAILABLE TO THE  HOME
 OWNERS 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  HOME OWNERS AND TENANTS MUST BE REASONABLY RELATED TO 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  HOME OWNERS AND TENANTS TO ALL HOME OWNERS AT THE TIME OF
 THE FIRST DEPOSIT MADE PAYABLE TO SAID COMMUNITY OWNER  OR  OPERATOR.  A
 NEW  OR  INCREASED FEE, CHARGE, OR ASSESSMENT THAT IS NOT SPECIFIED IN A
 HOME OWNER'S LEASE AGREEMENT SHALL NOT BE COLLECTABLE UNTIL  THE  LEASE-
 HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR PROVIDES THE HOME OWNER WITH
 A  WRITTEN COPY DETAILING SUCH FEE, CHARGE, OR ASSESSMENT SPECIFYING THE
 DATE OF IMPLEMENTATION WHICH SHALL BE NO LESS  THAN  NINETY  DAYS  AFTER
 SUCH WRITTEN NOTICE.
 A. 4955--A                          3
 
   (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 HOME OWNERS AND TENANTS  PURSUANT  TO  PARA-
 GRAPH  (C) OF THIS SUBDIVISION SHALL PREVENT THE SAID COMMUNITY OWNER OR
 OPERATOR FROM COLLECTING SUCH CHARGES.
   5. PROHIBITION. NO LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR
 SHALL:
   (A) RESTRICT THE PURCHASE OR INSTALLATION OF ANY COMMODITIES, GOODS OR
 SERVICES BY THE HOME OWNER OR AGENT THEREOF TO SPECIFIC VENDORS, INCLUD-
 ING,  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 INTERIOR IMPROVEMENT, INCLUDING BUT NOT  LIMITED  TO,
 THE  INSTALLATION  OF  APPLIANCES,  TO ANY PROPERTY OF THE HOME OWNER OR
 TENANT, SO LONG AS SUCH  INTERIOR  IMPROVEMENT  IS  IN  COMPLIANCE  WITH
 APPLICABLE  BUILDING  CODES,  OTHER PROVISIONS OF LAW, AND THE RULES AND
 REGULATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY AND PROVIDED  FURTHER
 THAT ADEQUATE UTILITIES ARE AVAILABLE FOR SUCH IMPROVEMENT.
   (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 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) NO  LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER  OR
 OPERATOR SHALL DENY A HOME OWNER THE RIGHT TO SELL THEIR HOME WITHIN THE
 LEASE-HOLD  RETIREMENT  COMMUNITY  PROVIDED THE HOME OWNER SHALL GIVE TO
 THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR TWENTY DAYS' WRIT-
 TEN NOTICE OF THE HOME OWNER'S INTENTION TO SELL, PROVIDED THAT  IF  THE
 HOME  OWNER IS DECEASED NO SUCH NOTICE SHALL BE REQUIRED FROM THE ADMIN-
 ISTRATOR OR EXECUTOR OF THE HOME OWNER'S ESTATE,  AND  PROVIDED  FURTHER
 THAT NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL RESTRICT
 ACCESS TO THE LEASE-HOLD RETIREMENT COMMUNITY TO ANY POTENTIAL PURCHASER
 OR REPRESENTATIVES OF ANY SELLER UNLESS THE LEASE-HOLD RETIREMENT COMMU-
 NITY OWNER ESTABLISHES THAT SUCH RESTRICTION IS NECESSARY TO PROTECT THE
 PROPERTY  OF  SUCH  COMMUNITY OWNER OR OPERATOR FROM SUBSTANTIAL HARM OR
 IMPAIRMENT. THE LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR  MAY
 RESERVE  THE RIGHT TO APPROVE THE PURCHASER OF SAID HOME FOR THE REMAIN-
 DER OF THE SELLER'S OR DECEASED HOME OWNER'S TERM  BUT  SUCH  PERMISSION
 MAY NOT BE UNREASONABLY WITHHELD.  IF THE LEASE-HOLD RETIREMENT COMMUNI-
 TY  OWNER  OR OPERATOR UNREASONABLY WITHHOLDS PERMISSION OR UNREASONABLY
 RESTRICTS ACCESS TO THE LEASE-HOLD RETIREMENT COMMUNITY, THE HOME  OWNER
 OR  THE EXECUTOR OR ADMINISTRATOR OF A DECEASED HOME OWNER'S  ESTATE MAY
 RECOVER THE COSTS OF THE PROCEEDINGS AND ATTORNEYS' FEES IF IT IS  FOUND
 THAT  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR ACTED IN BAD
 FAITH BY WITHHOLDING PERMISSION OR RESTRICTING ACCESS.
   (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.
 A. 4955--A                          4
 
   (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
 HOME OWNER IN THE SALE PURSUANT TO A WRITTEN CONTRACT.
   (E) IF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR REJECTS A
 PURCHASER  AS  A  PROSPECTIVE HOME OWNER, THE SELLING HOME OWNER MUST BE
 INFORMED IN WRITING OF THE REASONS THEREFOR.
   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  HOME  OWNER  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 HOME OWNER WISHES TO LEASE OR SUBLEASE REAL PROPERTY AND  ANY
 IMPROVEMENTS THEREON WITHIN A LEASE-HOLD RETIREMENT COMMUNITY:
   (1)  THE  HOME  OWNER  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 HOME OWNER  WITHIN  TEN  DAYS.  IF  SUCH
 ADDITIONAL 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 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  HOME OWNER AND TENANT, AND REGISTERED WITH
 APPROPRIATE MUNICIPAL LAW ENFORCEMENT, HEALTH AND FIRE OFFICIALS.
   9. RETALIATION. (A) NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERA-
 TOR SHALL SERVE A NOTICE TO QUIT UPON ANY HOME  OWNER  OR  COMMENCE  ANY
 ACTION  TO  RECOVER  REAL  PROPERTY  OR  SUMMARY  PROCEEDING  TO RECOVER
 POSSESSION OF REAL PROPERTY IN RETALIATION FOR:
   (1) A GOOD FAITH COMPLAINT, BY OR IN BEHALF OF THE HOME  OWNER,  TO  A
 GOVERNMENTAL  AUTHORITY  OF  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER'S
 OR  OPERATOR'S   ALLEGED   VIOLATION  OF ANY HEALTH OR SAFETY LAW, REGU-
 LATION, CODE, OR ORDINANCE, OR ANY LAW OR REGULATION WHICH  HAS  AS  ITS
 OBJECTIVE THE REGULATION OF PREMISES USED FOR DWELLING PURPOSES; OR
   (2) ACTIONS TAKEN IN GOOD FAITH, BY OR IN BEHALF OF THE HOME OWNER, TO
 SECURE  OR  ENFORCE ANY RIGHTS UNDER THE LEASE, UNDER SUBDIVISION TEN OF
 THIS SECTION AND SUBDIVISIONS TWO AND THREE OF SECTION TWO HUNDRED THIR-
 TY-FIVE-B OF THIS ARTICLE, OR UNDER ANY OTHER  LOCAL  LAW,  LAW  OF  THE
 STATE  OF  NEW  YORK,  OR  OF  ITS  GOVERNMENTAL SUBDIVISIONS, OR OF THE
 A. 4955--A                          5
 
 UNITED STATES WHICH HAS AS ITS OBJECTIVE THE REGULATION OF PREMISES USED
 FOR DWELLING PURPOSES; OR
   (3)  THE  HOME  OWNERS'S  PARTICIPATION  IN  THE  ACTIVITIES OF A HOME
 OWNERS'S ORGANIZATION.
   (B)  NO  LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER  OR  OPERATOR  SHALL
 SUBSTANTIALLY  ALTER  THE  TERMS  OF  THE TENANCY IN RETALIATION FOR ANY
 ACTIONS SET  FORTH IN SUBPARAGRAPHS ONE, TWO AND THREE OF PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   (C) THIS SUBDIVISION SHALL APPLY TO ALL LEASE-HOLD RETIREMENT COMMUNI-
 TY  WITH  FOUR OR MORE HOMES. HOWEVER, ITS PROVISIONS SHALL NOT BE GIVEN
 EFFECT  IN ANY CASE IN WHICH IT IS ESTABLISHED THAT THE  CONDITION  FROM
 WHICH  THE  COMPLAINT  OR  ACTION  AROSE WAS CAUSED BY THE HOME OWNER, A
 MEMBER OF THE  HOME OWNER'S HOUSEHOLD, OR A GUEST OF THE HOME OWNER. NOR
 SHALL IT APPLY IN A CASE WHERE A TENANCY WAS TERMINATED PURSUANT TO  THE
 TERMS  OF  A LEASE AS A RESULT OF A BONA FIDE TRANSFER OF OWNERSHIP. THE
 RIGHTS AND OBLIGATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY  OWNER  OR
 OPERATOR  AND THE HOME OWNER SHALL BE GOVERNED BY THE PROVISIONS OF THIS
 SUBDIVISION AND SUBDIVISIONS THREE, FOUR AND FIVE OF SECTION TWO HUNDRED
 TWENTY-THREE-B OF THIS ARTICLE.
   10. WARRANTY OF HABITABILITY, MAINTENANCE, DISRUPTION OF SERVICES.  IN
 EVERY WRITTEN OR ORAL LEASE OR RENTAL AGREEMENT ENTERED INTO BY  A  HOME
 OWNER,  THE  LEASE-HOLD  RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL BE
 DEEMED TO COVENANT AND WARRANT THAT THE PREMISES SO LEASED OR RENTED AND
 THE HOME IF RENTED, INCLUDING RENTAL THROUGH A RENT-TO-OWN CONTRACT, AND
 ALL AREAS USED IN CONNECTION THEREWITH IN COMMON WITH OTHER  HOME  OWNER
 OR RESIDENTS INCLUDING ALL ROADS WITHIN THE LEASE-HOLD RETIREMENT COMMU-
 NITY  ARE  FIT FOR HUMAN HABITATION AND FOR THE USES REASONABLY INTENDED
 BY THE PARTIES AND THAT THE OCCUPANTS OF SUCH PREMISES AND SUCH HOMES IF
 RENTED SHALL NOT BE SUBJECTED TO ANY CONDITIONS WHICH WOULD  BE  DANGER-
 OUS,  HAZARDOUS OR DETRIMENTAL TO THEIR LIFE, HEALTH OR SAFETY. WHEN ANY
 SUCH CONDITION HAS BEEN CAUSED BY THE MISCONDUCT OF THE  HOME  OWNER  OR
 LESSEE OR PERSONS UNDER THEIR DIRECTION OR CONTROL, IT SHALL NOT CONSTI-
 TUTE  A  BREACH  OF  SUCH COVENANTS AND WARRANTIES. THE RIGHTS AND OBLI-
 GATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR AND THE
 HOME OWNER SHALL BE GOVERNED BY THE PROVISIONS OF THIS  SUBDIVISION  AND
 SUBDIVISIONS  TWO AND THREE OF SECTION TWO HUNDRED THIRTY-FIVE-B OF THIS
 ARTICLE.
   11. ATTORNEYS' FEES. WHENEVER A LEASE SHALL PROVIDE THAT IN ANY ACTION
 OR SUMMARY PROCEEDING   THE LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER  OR
 OPERATOR  MAY  RECOVER  ATTORNEYS' FEES AND EXPENSES AWARDED BY A COURT,
 THERE SHALL BE IMPLIED IN  SUCH  LEASE  A  COVENANT  BY  THE  LEASE-HOLD
 RETIREMENT  COMMUNITY  OWNER  OR  OPERATOR, TO PAY TO THE HOME OWNER THE
 REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED BY THE   HOME OWNER  TO
 THE  SAME  EXTENT  AS  IS PROVIDED IN SECTION TWO HUNDRED THIRTY-FOUR OF
 THIS ARTICLE WHICH SECTION SHALL APPLY IN  ITS  ENTIRETY.  A  LEASE-HOLD
 RETIREMENT  COMMUNITY OWNER OR OPERATOR MAY NOT DEMAND THAT A HOME OWNER
 PAYS ATTORNEYS' FEES UNLESS SUCH FEES HAVE BEEN AWARDED  PURSUANT  TO  A
 COURT ORDER.
   12.  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.
   13. RECEIPTS. UPON RECEIPT OF RENT, FEES,  CHARGES  OR  OTHER  ASSESS-
 MENTS,  IN  THE  FORM  OF CASH OR ANY INSTRUMENT OTHER THAN THE PERSONAL
 A. 4955--A                          6
 
 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; AND
   (D) THE SIGNATURE AND TITLE OF THE PERSON RECEIVING PAYMENT.
   14.  REMEDIES. 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. Subdivision 1 of section 233-b of the real property law, as added
 by section 12 of part O of chapter 36 of the laws of 2019, is amended to
 read as follows:
   1. The provisions of this section  shall  apply  to  all  manufactured
 homes  located  in  a  manufactured  home park as defined in section two
 hundred thirty-three of this article, however manufactured homes located
 in manufactured home parks that are subject to  a  regulatory  agreement
 with a governmental entity to preserve affordable housing or that other-
 wise  limits  rent  increases  are  exempt  from  the provisions of this
 section.   HOMES IN A LEASE-HOLD RETIREMENT  COMMUNITY,  AS  DEFINED  IN
 SECTION  TWO  HUNDRED  THIRTY-EIGHT-B  OF  THIS  ARTICLE,  SHALL ALSO BE
 SUBJECT TO THE PROVISIONS OF THIS SECTION RELATING TO RENT INCREASES THE
 SAME AS A MANUFACTURED HOME PARK.
   § 3. Severability. 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.
   § 4. 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, rent increases, or leases involving  lease-hold  retire-
 ment community homes occurring or entered into on or after such date.

co-Sponsors

2023-A4955B (ACTIVE) - Details

See Senate Version of this Bill:: S7437
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §238-b, amd §233-b, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2136
2013-2014: A4769
2015-2016: A6268
2017-2018: A3145
2019-2020: A6364
2021-2022: A9213

2023-A4955B (ACTIVE) - Summary

2023-A4955B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4955--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. THIELE, L. ROSENTHAL -- read once and referred to
   the  Committee  on  Housing  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  and  referred  to  the  Committee  on  Codes -- reported and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 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-b to read as follows:
   § 238-B. 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 MANUFACTURED
 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.
   (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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02016-05-3
 A. 4955--B                          2

 
   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 SPECI-
 FYING THE DATE OF IMPLEMENTATION OF SAID  ADDED,  AMENDED,  REPEALED  OR
 CHANGED  RULE  OR  REGULATION,  WHICH DATE SHALL BE NO FEWER THAN THIRTY
 DAYS AFTER WRITTEN NOTICE TO ALL HOME OWNERS OR TENANTS.
   (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 EXCEPT  FOR  RENT,  UTILI-
 TIES,  AND  FEES  FOR SERVICES NECESSARY FOR THE OPERATION OF THE LEASE-
 HOLD RETIREMENT COMMUNITY, SUCH AS FOR FACILITIES AVAILABLE TO THE  HOME
 OWNERS 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  HOME OWNERS AND TENANTS MUST BE REASONABLY RELATED TO 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  HOME OWNERS AND TENANTS TO ALL HOME OWNERS AT THE TIME OF
 THE FIRST DEPOSIT MADE PAYABLE TO SAID COMMUNITY OWNER  OR  OPERATOR.  A
 NEW  OR  INCREASED FEE, CHARGE, OR ASSESSMENT THAT IS NOT SPECIFIED IN A
 HOME OWNER'S LEASE AGREEMENT SHALL NOT BE COLLECTABLE UNTIL  THE  LEASE-
 A. 4955--B                          3
 
 HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR PROVIDES THE HOME OWNER WITH
 A  WRITTEN COPY DETAILING SUCH FEE, CHARGE, OR ASSESSMENT SPECIFYING THE
 DATE OF IMPLEMENTATION WHICH SHALL BE NO LESS  THAN  NINETY  DAYS  AFTER
 SUCH WRITTEN NOTICE.
   (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 HOME OWNERS AND TENANTS  PURSUANT  TO  PARA-
 GRAPH  (C) OF THIS SUBDIVISION SHALL PREVENT THE SAID COMMUNITY OWNER OR
 OPERATOR FROM COLLECTING SUCH CHARGES.
   5. PROHIBITION. NO LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR
 SHALL:
   (A) RESTRICT THE PURCHASE OR INSTALLATION OF ANY COMMODITIES, GOODS OR
 SERVICES BY THE HOME OWNER OR AGENT THEREOF TO SPECIFIC VENDORS, INCLUD-
 ING,  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 INTERIOR IMPROVEMENT, INCLUDING BUT NOT  LIMITED  TO,
 THE  INSTALLATION  OF  APPLIANCES,  TO ANY PROPERTY OF THE HOME OWNER OR
 TENANT, SO LONG AS SUCH  INTERIOR  IMPROVEMENT  IS  IN  COMPLIANCE  WITH
 APPLICABLE  BUILDING  CODES,  OTHER PROVISIONS OF LAW, AND THE RULES AND
 REGULATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY AND PROVIDED  FURTHER
 THAT ADEQUATE UTILITIES ARE AVAILABLE FOR SUCH IMPROVEMENT.
   (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 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) NO  LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER  OR
 OPERATOR SHALL DENY A HOME OWNER THE RIGHT TO SELL THEIR HOME WITHIN THE
 LEASE-HOLD  RETIREMENT  COMMUNITY  PROVIDED THE HOME OWNER SHALL GIVE TO
 THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR TWENTY DAYS' WRIT-
 TEN NOTICE OF THE HOME OWNER'S INTENTION TO SELL, PROVIDED THAT  IF  THE
 HOME  OWNER IS DECEASED NO SUCH NOTICE SHALL BE REQUIRED FROM THE ADMIN-
 ISTRATOR OR EXECUTOR OF THE HOME OWNER'S ESTATE,  AND  PROVIDED  FURTHER
 THAT NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL RESTRICT
 ACCESS TO THE LEASE-HOLD RETIREMENT COMMUNITY TO ANY POTENTIAL PURCHASER
 OR REPRESENTATIVES OF ANY SELLER UNLESS THE LEASE-HOLD RETIREMENT COMMU-
 NITY OWNER ESTABLISHES THAT SUCH RESTRICTION IS NECESSARY TO PROTECT THE
 PROPERTY  OF  SUCH  COMMUNITY OWNER OR OPERATOR FROM SUBSTANTIAL HARM OR
 IMPAIRMENT. THE LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR  MAY
 RESERVE  THE RIGHT TO APPROVE THE PURCHASER OF SAID HOME FOR THE REMAIN-
 DER OF THE SELLER'S OR DECEASED HOME OWNER'S TERM  BUT  SUCH  PERMISSION
 MAY NOT BE UNREASONABLY WITHHELD.  IF THE LEASE-HOLD RETIREMENT COMMUNI-
 TY  OWNER  OR OPERATOR UNREASONABLY WITHHOLDS PERMISSION OR UNREASONABLY
 RESTRICTS ACCESS TO THE LEASE-HOLD RETIREMENT COMMUNITY, THE HOME  OWNER
 OR  THE EXECUTOR OR ADMINISTRATOR OF A DECEASED HOME OWNER'S  ESTATE MAY
 RECOVER THE COSTS OF THE PROCEEDINGS AND ATTORNEYS' FEES IF IT IS  FOUND
 THAT  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR ACTED IN BAD
 FAITH BY WITHHOLDING PERMISSION OR RESTRICTING ACCESS.
 A. 4955--B                          4
 
   (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
 HOME OWNER IN THE SALE PURSUANT TO A WRITTEN CONTRACT.
   (E) IF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR REJECTS A
 PURCHASER  AS  A  PROSPECTIVE HOME OWNER, THE SELLING HOME OWNER MUST BE
 INFORMED IN WRITING OF THE REASONS THEREFOR.
   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  HOME  OWNER  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 HOME OWNER WISHES TO LEASE OR SUBLEASE REAL PROPERTY AND  ANY
 IMPROVEMENTS THEREON WITHIN A LEASE-HOLD RETIREMENT COMMUNITY:
   (1)  THE  HOME  OWNER  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 HOME OWNER  WITHIN  TEN  DAYS.  IF  SUCH
 ADDITIONAL 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 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  HOME OWNER AND TENANT, AND REGISTERED WITH
 APPROPRIATE MUNICIPAL LAW ENFORCEMENT, HEALTH AND FIRE OFFICIALS.
   9. RETALIATION. (A) NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERA-
 TOR SHALL SERVE A NOTICE TO QUIT UPON ANY HOME  OWNER  OR  COMMENCE  ANY
 ACTION  TO  RECOVER  REAL  PROPERTY  OR  SUMMARY  PROCEEDING  TO RECOVER
 POSSESSION OF REAL PROPERTY IN RETALIATION FOR:
   (1) A GOOD FAITH COMPLAINT, BY OR IN BEHALF OF THE HOME  OWNER,  TO  A
 GOVERNMENTAL  AUTHORITY  OF  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER'S
 OR  OPERATOR'S   ALLEGED   VIOLATION  OF ANY HEALTH OR SAFETY LAW, REGU-
 LATION, CODE, OR ORDINANCE, OR ANY LAW OR REGULATION WHICH  HAS  AS  ITS
 OBJECTIVE THE REGULATION OF PREMISES USED FOR DWELLING PURPOSES; OR
   (2) ACTIONS TAKEN IN GOOD FAITH, BY OR IN BEHALF OF THE HOME OWNER, TO
 SECURE  OR  ENFORCE ANY RIGHTS UNDER THE LEASE, UNDER SUBDIVISION TEN OF
 A. 4955--B                          5
 
 THIS SECTION AND SUBDIVISIONS TWO AND THREE OF SECTION TWO HUNDRED THIR-
 TY-FIVE-B OF THIS ARTICLE, OR UNDER ANY OTHER  LOCAL  LAW,  LAW  OF  THE
 STATE  OF  NEW  YORK,  OR  OF  ITS  GOVERNMENTAL SUBDIVISIONS, OR OF THE
 UNITED STATES WHICH HAS AS ITS OBJECTIVE THE REGULATION OF PREMISES USED
 FOR DWELLING PURPOSES; OR
   (3)  THE  HOME  OWNERS'S  PARTICIPATION  IN  THE  ACTIVITIES OF A HOME
 OWNERS'S ORGANIZATION.
   (B)  NO  LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER  OR  OPERATOR  SHALL
 SUBSTANTIALLY  ALTER  THE  TERMS  OF  THE TENANCY IN RETALIATION FOR ANY
 ACTIONS SET  FORTH IN SUBPARAGRAPHS ONE, TWO AND THREE OF PARAGRAPH  (A)
 OF THIS SUBDIVISION.
   (C) THIS SUBDIVISION SHALL APPLY TO ALL LEASE-HOLD RETIREMENT COMMUNI-
 TY  WITH  FOUR OR MORE HOMES. HOWEVER, ITS PROVISIONS SHALL NOT BE GIVEN
 EFFECT  IN ANY CASE IN WHICH IT IS ESTABLISHED THAT THE  CONDITION  FROM
 WHICH  THE  COMPLAINT  OR  ACTION  AROSE WAS CAUSED BY THE HOME OWNER, A
 MEMBER OF THE  HOME OWNER'S HOUSEHOLD, OR A GUEST OF THE HOME OWNER. NOR
 SHALL IT APPLY IN A CASE WHERE A TENANCY WAS TERMINATED PURSUANT TO  THE
 TERMS  OF  A LEASE AS A RESULT OF A BONA FIDE TRANSFER OF OWNERSHIP. THE
 RIGHTS AND OBLIGATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY  OWNER  OR
 OPERATOR  AND THE HOME OWNER SHALL BE GOVERNED BY THE PROVISIONS OF THIS
 SUBDIVISION AND SUBDIVISIONS THREE, FOUR AND FIVE OF SECTION TWO HUNDRED
 TWENTY-THREE-B OF THIS ARTICLE.
   10. WARRANTY OF HABITABILITY, MAINTENANCE, DISRUPTION OF SERVICES.  IN
 EVERY WRITTEN OR ORAL LEASE OR RENTAL AGREEMENT ENTERED INTO BY  A  HOME
 OWNER,  THE  LEASE-HOLD  RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL BE
 DEEMED TO COVENANT AND WARRANT THAT THE PREMISES SO LEASED OR RENTED AND
 THE HOME IF RENTED, INCLUDING RENTAL THROUGH A RENT-TO-OWN CONTRACT, AND
 ALL AREAS USED IN CONNECTION THEREWITH IN COMMON WITH OTHER  HOME  OWNER
 OR RESIDENTS INCLUDING ALL ROADS WITHIN THE LEASE-HOLD RETIREMENT COMMU-
 NITY  ARE  FIT FOR HUMAN HABITATION AND FOR THE USES REASONABLY INTENDED
 BY THE PARTIES AND THAT THE OCCUPANTS OF SUCH PREMISES AND SUCH HOMES IF
 RENTED SHALL NOT BE SUBJECTED TO ANY CONDITIONS WHICH WOULD  BE  DANGER-
 OUS,  HAZARDOUS OR DETRIMENTAL TO THEIR LIFE, HEALTH OR SAFETY. WHEN ANY
 SUCH CONDITION HAS BEEN CAUSED BY THE MISCONDUCT OF THE  HOME  OWNER  OR
 LESSEE OR PERSONS UNDER THEIR DIRECTION OR CONTROL, IT SHALL NOT CONSTI-
 TUTE  A  BREACH  OF  SUCH COVENANTS AND WARRANTIES. THE RIGHTS AND OBLI-
 GATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR AND THE
 HOME OWNER SHALL BE GOVERNED BY THE PROVISIONS OF THIS  SUBDIVISION  AND
 SUBDIVISIONS  TWO AND THREE OF SECTION TWO HUNDRED THIRTY-FIVE-B OF THIS
 ARTICLE.
   11. ATTORNEYS' FEES. WHENEVER A LEASE SHALL PROVIDE THAT IN ANY ACTION
 OR SUMMARY PROCEEDING   THE LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER  OR
 OPERATOR  MAY  RECOVER  ATTORNEYS' FEES AND EXPENSES AWARDED BY A COURT,
 THERE SHALL BE IMPLIED IN  SUCH  LEASE  A  COVENANT  BY  THE  LEASE-HOLD
 RETIREMENT  COMMUNITY  OWNER  OR  OPERATOR, TO PAY TO THE HOME OWNER THE
 REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED BY THE   HOME OWNER  TO
 THE  SAME  EXTENT  AS  IS PROVIDED IN SECTION TWO HUNDRED THIRTY-FOUR OF
 THIS ARTICLE WHICH SECTION SHALL APPLY IN  ITS  ENTIRETY.  A  LEASE-HOLD
 RETIREMENT  COMMUNITY OWNER OR OPERATOR MAY NOT DEMAND THAT A HOME OWNER
 PAYS ATTORNEYS' FEES UNLESS SUCH FEES HAVE BEEN AWARDED  PURSUANT  TO  A
 COURT ORDER.
   12.  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
 A. 4955--B                          6
 
 FAIL  TO  FURNISH  SUCH  WATER,  HEAT,  LIGHT, POWER OR OTHER SERVICE OR
 FACILITY, OR INTERFERE WITH THE QUIET ENJOYMENT OF THE LEASED PREMISES.
   13.  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; AND
   (D) THE SIGNATURE AND TITLE OF THE PERSON RECEIVING PAYMENT.
   14.  REMEDIES. 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. Subdivision 1 of section 233-b of the real property law, as added
 by section 12 of part O of chapter 36 of the laws of 2019, is amended to
 read as follows:
   1. The provisions of this section  shall  apply  to  all  manufactured
 homes  located  in  a  manufactured  home park as defined in section two
 hundred thirty-three of this article, however manufactured homes located
 in manufactured home parks that are subject to  a  regulatory  agreement
 with a governmental entity to preserve affordable housing or that other-
 wise  limits  rent  increases  are  exempt  from  the provisions of this
 section.   HOMES IN A LEASE-HOLD RETIREMENT  COMMUNITY,  AS  DEFINED  IN
 SECTION  TWO  HUNDRED  THIRTY-EIGHT-B  OF  THIS  ARTICLE,  SHALL ALSO BE
 SUBJECT TO THE PROVISIONS OF THIS SECTION RELATING TO RENT INCREASES THE
 SAME AS A MANUFACTURED HOME PARK.
   § 3. Severability. 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.
   § 4. Nothing provided herein shall prohibit  a  county  from  enacting
 more  stringent standards for a lease-hold retirement community than are
 established in section one of this act.
   § 5. 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, rent increases, or leases involving  lease-hold  retire-
 ment community homes occurring or entered into on or after such date.

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Assembly Bill A4955B

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Sponsored By

THIELE

Current Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

2023-A4955 - Details

2023-A4955 - Summary

2023-A4955 - Bill Text download pdf

co-Sponsors

Linda Rosenthal

2023-A4955A - Details

2023-A4955A - Summary

2023-A4955A - Bill Text download pdf

co-Sponsors

Linda Rosenthal

Carrie Woerner

2023-A4955B (ACTIVE) - Details

2023-A4955B (ACTIVE) - Summary

2023-A4955B (ACTIVE) - Bill Text download pdf

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