§ 1510. Cemetery duties.

(a) Posting and distribution of rules, regulations, charges and
prices. The rules, regulations, charges, and prices of goods, lots,
plots or parts thereof shall be suitably printed and shall be
conspicuously posted by the corporation in each of its offices, if any,
and conspicuously displayed on any website the corporation maintains or
through which it conducts business. A printed copy of charges and prices
of goods, lots, plots or parts thereof shall be made available upon
request by any person for up to the actual price of the printing of the
copy. For each day in which the corporation fails to post or display the
rules, regulations, charges and prices the corporation shall be subject
to a penalty of twenty-five dollars which may be recovered in a civil
action by the cemetery board. For each instance in which the corporation
fails to make available a copy of the prices of goods, lots, plots, or
parts thereof, to a person who requests such copy, the corporation shall
be subject to a penalty of twenty-five dollars which may be recovered in
a civil action by the cemetery board. The cemetery board may waive the
payment of the penalty or any part thereof.

(b) Surveys and maps of cemetery. (1) Every cemetery corporation, from
time to time, as land in its cemetery may be required for burial
purposes, shall survey and subdivide such lands and make and file in the
office of the corporation a map thereof, open to public inspection,
delineating the lots or plots, avenues, paths, alleys and walks and
their respective designations; a true copy thereof shall upon its
written request, be filed with the cemetery board. Any unsold lots,
plots or parts thereof, in which there are no remains, by order of the
directors, may be resurveyed and altered in shape or size, and properly
designated on such map. (2) Every cemetery corporation shall provide
reasonable access to every lot, plot and grave. This provision shall not
be applicable where on September first, nineteen hundred forty-nine such
access cannot be provided without the disinterment of a body or bodies.
A cemetery corporation shall not permit or allow a body to be interred
hereafter in a path, alley, avenue or walk shown on the cemetery maps or
actually in existence. Nothing herein contained, however, shall prevent
a cemetery corporation in special cases from enlarging a lot by selling
to the owner thereof the access space next to such lot, and permitting
interments therein, provided reasonable access to such lot and to
adjoining lots is not thereby eliminated, and provided the approval of
the cemetery board shall have first been obtained.

(c) Record of burials, natural organic reductions or cremations. A
record shall be kept of every burial in the cemetery of a cemetery
corporation, showing the date of burial, the name, age, and place of
birth of the person buried, when these particulars can be conveniently
obtained, and the lot, plot, or part thereof, in which such burial was
made. A copy of such record, duly certified by the secretary of such
corporation, shall be furnished on demand and payment of such fees
therefor as are allowed the county clerk for certified copies of
records. Notwithstanding any other provision of this section, all
cemetery corporations which conduct cremations or natural organic
reductions shall maintain permanent records of the name of the deceased
human being, the funeral home from which the remains were received, the
receipt of delivery of the deceased human remains, the authorizing agent
for the cremation or natural organic reduction, and the manner of
disposition of the remains. Such records may be reviewed by the division
of cemeteries at any time.

(d) When burial not to be refused. No cemetery corporation shall
refuse or deny the right of burial and the privileges incidental thereto
in any lot, plot or part thereof to those otherwise lawfully entitled to
be buried therein, for any reason except for the non-payment of
interment charges and the purchase price of the lot, plot or part
thereof, in accordance with the terms of the contract of purchase or
except as provided in subdivision (f) of section fifteen hundred nine of
this article.

(e) Removals. A body interred in a lot in a cemetery owned or operated
by a corporation incorporated by or under a general or special law may
be removed therefrom, with the consent of the corporation, and the
written consent of the owners of the lot, and of the surviving wife,
husband, children, if of full age, and parents of the deceased. If the
consent of any such person or of the corporation can not be obtained,
permission by the county court of the county, or by the supreme court in
the district, where the cemetery is situated, shall be sufficient.
Notice of application for such permission must be given, at least eight
days prior thereto, personally, or, at least sixteen days prior thereto,
by mail, to the corporation or to the persons not consenting, and to
every other person or corporation on whom service of notice may be
required by the court.

(f) Expenses of improving vacant lot. Whenever a person having a lot
in a cemetery shall vacate the same by a removal of all the bodies
therefrom, and leave such lot in an unsightly condition for one month,
the corporation may grade, cut, fill or otherwise change the surface
thereof, without reducing the area of the lot. The expense, not
exceeding ten dollars, shall be chargeable to the lot. If the owners of
such lot, within six months after such expense has been incurred, shall
not repay such expense, the corporation may sell the lot at public
auction upon the cemetery grounds, previous notice of such sale having
been posted at the main entrance of the cemetery, and mailed to the
owners of such lot at their last-known post office address, at least ten
days prior to the day of sale, and shall pay the surplus, if any, on
demand to the owners of such lot.

(g) Removal or correction of dangerous conditions in cemetery lots.
Any plant life, fencing or embellishment or structure other than a
mausoleum, monument or mound, in a lot, plot or part thereof which
becomes so worn, neglected, broken or deteriorated that its continued
existence is a danger to persons or property within the cemetery grounds
may be removed, repaired or corrected by the cemetery corporation at its
own cost and expense, provided it first gives not less than fifteen days
notice by registered or certified mail to the last known owner at his
last known address to repair or remove such object and the said owner
shall fail to repair or remove the object within the time provided in
said notice. In the event of such removal, correction or repair by the
cemetery corporation it shall, within twenty days thereafter, notify the
lot owner, by registered or certified mail addressed to him at his last
known address, of the action taken by the cemetery corporation. Nothing
herein contained shall be construed to affect, supersede or impair any
contract, rule or regulation duly approved by the cemetery board, or
right or obligation of the cemetery corporation, nor shall it be
construed as placing any legal duty or obligation to exercise any right
authorized by this subdivision.

(h) Repair or notice as to non-dangerous damage or defacement. Except
as otherwise provided by rule or regulation of the cemetery board
pursuant to subparagraph two-a of paragraph (c) of section fifteen
hundred four of this article, in the event a lot, plot or part thereof
is substantially damaged or defaced which does not present a dangerous
condition to persons or property, or in the event a mausoleum, monument
or mound in a lot, plot or part thereof is substantially damaged or
defaced, and the correction of such condition is not subject to the
provisions of paragraph (g) of this section or section fifteen hundred
ten-a of this article, the cemetery corporation within thirty days of
the discovery of this condition may at its own cost and expense repair
the damage or defacement, or if it determines not to do so, the
corporation shall within such thirty day period notify the owner, his or
her distributee or the person filing an affidavit with such corporation
pursuant to the provisions of paragraph (e) of section fifteen hundred
twelve of this article of such condition at the last address of such
owner, distributee or person appearing on the books and records of the
corporation. The notice shall be sent by first class mail and a
certificate of mailing shall be obtained. Nothing herein contained shall
be construed as establishing any right of damages not otherwise provided
by law, rule or contract in any person against the cemetery corporation
for failure to repair any condition described or give notice thereof as
provided for in this paragraph.

(i) Record of inscriptions to be filed. Whenever, under any general or
special law, any cemetery is abandoned or is taken for a public use, the
town board of the town or the governing body of the city in which such
cemetery is located, shall cause to be made, at the time of the removal
of the bodies interred therein, an exact copy of all inscriptions on
each headstone, monument, slab or marker erected on each lot or plot in
such cemetery and shall cause the same to be duly certified and shall
file one copy thereof in the office of the town or city clerk of the
town or city in which such cemetery was located and one copy in the
office of the state historian and chief of the division of history in
the department of education at Albany. In addition to such inscriptions,
such certificate shall state the name and location of the cemetery so
abandoned or taken for a public use, the cemetery in which each such
body was so interred and the disposition of each such headstone,
monument, slab or marker.

(j) Grave markers. No cemetery corporation, which provides for the
burial of persons of the Jewish faith, shall promulgate any rule or
regulation prohibiting the use of cement beds as a means of demarcating
a specific grave area. Such cemetery corporations shall provide this
service to all persons of the Jewish faith requesting this method of
marking a grave when such grave area is provided through the agency of a
membership or religious corporation or unincorporated association or
society which provides burial benefits for the members. Subject to the
rules and regulations promulgated by the cemetery board, such cemetery
corporations shall establish the schedule of charges to be assessed for
installation and maintenance of cement beds. The schedule of charges
shall be filed with and approved by the cemetery board. Such regulation
may require the payment of the cost of perpetual care as a condition to
such installation and maintenance. The charges assessed shall be paid by
the person requesting the service. The provisions of this paragraph
shall only be applicable within the counties contained within the first,
second, tenth and eleventh judicial districts as such districts are
arranged pursuant to section one hundred forty of the judiciary law.

(k) Notice and restoration as to damage and defacement due to
vandalism. In the event a monument is damaged or defaced by an act of
vandalism, the cemetery corporation shall, within thirty days of the
discovery of such damage, notify the owner, his distributee or the
person filing an affidavit with such corporation pursuant to the
provisions of paragraph one of subdivision (e) of section fifteen
hundred twelve of this article of such damage in the manner provided in
subdivision (h) of this section. The cost and expense of such notice may
be provided from the fund where such fund exists. If a fund has been
established, the cemetery corporation shall restore the monument with
moneys from such fund. If such a fund has not been established or where
such fund is inadequate to restore the monument, the cemetery
corporation may restore such monument at its own cost and expense.
Nothing herein contained shall be construed as establishing any right of
damages not otherwise provided by law, rule or contract in any person
against the cemetery corporation for failure to restore any monument if
no monument maintenance fund exists or if such fund is inadequate to
restore such monument.

(l) Removal of monument. No person or organization shall remove a
monument without authorization in the form of a court order from a court
of competent jurisdiction, or without the written authorization of the
owner of a burial plot, or the lineal descendants of the deceased, if
such owner or lineal descendants are known, and without obtaining
written approval from a duly incorporated cemetery association, which
association shall keep a record of all such written approvals. The
provisions of this section shall not prohibit the removal, in accordance
with rules and regulations promulgated by the secretary of state, of a
monument for the purpose of repair, nonpayment or adding inscriptions as
authorized by a cemetery association or as permitted in this article. A
violation of any provision of this paragraph shall be punishable by a
fine not to exceed five hundred dollars.

(m) Use of construction and demolition debris for burial. No cemetery
corporation or religious corporation having charge and control of a
cemetery which heretofore has been or which hereafter may be used for
burials, shall use construction and demolition debris, as that term is
defined in 6 NYCRR 360-1.2, for the purpose of burying human remains.

(n) Interment of pet cremated remains. The interment of pet cremated
remains in a cemetery corporation shall be available to a lot owner only
in those circumstances where the interment is incidental to the burial
of human remains and where authorization has been provided in a written
statement from the cemetery corporation. The cemetery corporation shall
provide a list of approved charges for the interment of such remains.
All payments received for interment of such remains shall be deposited
in the cemetery corporation's permanent maintenance fund. Pet cremated
remains must be disposed of by placing them in a grave, crypt, or niche.
Nothing in this section shall obligate a cemetery corporation to allow
interment of such cremated pet remains where prior approval at the time
of sale or in advance of need has not been received. The provisions of
this section shall not apply to an incorporated or unincorporated
cemetery operated, supervised or controlled by a religious corporation
or a lot, plot or part thereof whose record owner is an incorporated or
unincorporated religious association or society.

(o) Posting and distribution of the New York state cemetery disclosure
form. (1) New York state cemetery disclosure forms shall be created by
the state cemetery board and shall be posted on the website of the
division of cemeteries in the department of state. Copies of such forms
shall be suitably printed by the cemetery corporation and conspicuously
displayed in each of its offices, if any, so that all persons visiting
such place may readily see the form and inspect its contents. Physical
copies of the forms shall be made available to any person inquiring
about cemetery lots, goods, or services. A corporation may offer a
customer the option of receiving the forms through the use of a quick
response (QR) code in lieu of receiving a paper copy.

(2) The New York state cemetery disclosure forms shall be in the form
and manner as prescribed by the state cemetery board, shall include the
contact information of the New York department of state division of
cemeteries, and shall contain an explanation of the rights of lot owners
and family members including, but not be limited to, the following:

(A) a website address, and a hyperlink in the case of electronic
copies, for information about the regulation of cemeteries in New York,
the New York department of state division of cemeteries and the state
cemetery board, and a description of those types of cemeteries that are
not regulated by the state cemetery board;

(B) the process of purchasing and re-selling a burial lot, plot or
part thereof;

(C) the right to interment and disposition options;

(D) inheritance rights of a burial lot, plot or part thereof;

(E) a listing of reasons that interment may be denied;

(F) the requirements in regards to the use of outer enclosures;

(G) the rights of lot owners as members of the cemetery corporation;

(H) cemeteries' duties regarding charges, prices, rules, and
regulations;

(I) the right to make burial arrangements and provide for
memorialization; and

(J) any other information deemed appropriate.

(3) The state cemetery board may, from time to time, update and amend
the New York state cemetery disclosure form as it deems necessary.