§ 4617. Receiverships. 1. The council may, if it determines that
serious operational deficiencies exist or serious financial problems
exist and such action is desirable, enter into an agreement with the
operator or owners of a continuing care retirement community with
respect to the appointment of a receiver to take charge of the community
under conditions as found acceptable by both parties. Receivership
commenced in accordance with the provisions of this subdivision shall
terminate at such time as may be provided in the receivership agreement,
or at such time as either party notifies the other in writing that it
wishes to terminate such receivership.

2. Upon request of the council, the commissioner shall, at the time of
revocation, suspension or temporary suspension of a certificate of
authority, apply to the supreme court where the community is situated
for an order directing the owner of the land and/or structure on or in
which the community is located, to show cause why a receiver should not
be appointed to take charge of the community. In those cases where the
certificate of authority has been revoked, suspended or temporarily
suspended, the supreme court shall appoint a receiver that, where
reasonably possible, is a legal entity that holds a valid certificate of
authority. Such application shall contain proof by affidavit that the
facility has had its certificate of authority revoked, suspended, or
temporarily suspended. Such order to show cause shall be returnable not
less than five days after service is completed and shall provide for
personal service of a copy thereof and the papers on which it is based,
on the owner or owners of the land and/or structures on or in which the
community is located. If any such owner and manager cannot with due
diligence be served personally within the county where the property is
located and within the time fixed in such order, then service may be
made on such person by posting a copy thereof in a conspicuous place
within the community in question, and by sending a copy thereof by
registered mail, return receipt requested, to such owner at the last
address registered by him with the department or in the absence of such
registration to the address set forth in the last recorded deed with
respect to the facility. Service shall be deemed complete on filing
proof of service thereof in the office of the county clerk, or the clerk
of the city of New York, as the case may be.

3. On the return of said order to show cause, the matter shall have
precedence over every other business of the court unless the court shall
find that some other pending proceeding, having a similar statutory
precedence, shall have priority. The court may conduct a hearing at
which all interested parties shall have the opportunity to present
evidence pertaining to the application. If the court shall find that the
facts warrant the granting thereof, then any such qualified and approved
agency, person or corporation, or the commissioner or any person
designated by the commissioner, shall be appointed receiver to take
charge and assume operation of the community. However, such receiver may
make application to the appointing court for decision, reformation or
such other relief as may be appropriate to protect the best interests of
the residents residing within such community. No security interest in
any real or personal property comprising the community shall be impaired
or diminished in priority by the receiver. The receiver shall compensate
the owner or owners of any goods held in inventory for those goods which
he or she uses or causes to be used by reimbursing the costs of such
goods, except that no such compensation shall be made for any goods for
which the owners or operators of the community have already been
reimbursed.

4. Any receiver appointed pursuant to this section shall have all of
the powers and duties of a receiver appointed in an action to foreclose
a mortgage on real property, together with such additional powers and
duties as are herein granted and imposed. The receiver may correct or
eliminate those deficiencies in the facility that seriously endanger the
life, health, safety or finances of such residents subject to such terms
as the court may direct. The receiver shall operate the community in
such a manner as intended to assure safety and adequate care for such
residents. Any receiver who is an official or employee of the state of
New York shall not be required to file any bond. The receiver shall
honor all existing leases, mortgages and chattel mortgages that had
previously been undertaken as obligations of the owners or operators of
the community.

5. The appointing court, upon application of the receiver, may make
such provision as justice may require for reasonable compensation and
reimbursement of the reasonable expenses of the receiver. The receiver
shall be liable only in his or her official capacity for injury to
person and property by reason of conditions of the community in a case
where an owner would have been liable; provided that he or she operates
such facility in compliance with the terms of his or her appointment,
the receiver shall not have any liability in his or her personal
capacity, except for gross negligence and intentional acts.

6. a. The court shall terminate the receivership only under the
following circumstances:

(i) when the community is issued a new certificate of authority for
the community; or

(ii) at such time as all of the residents in the community have been
provided alternate residential and health care services.

b. At the time of termination, the receiver shall render a full and
complete accounting to the court and shall make disposition of surplus
money at the discretion of the court.

7. a. Any person who is served a copy of an order of the court
appointing the receiver shall, upon being notified of the name and
address of the receiver, make all payments for goods supplied by the
community, or services rendered by the community, to the receiver. A
receipt shall be given for each such payment, and copies of all such
receipts shall be kept on file by the receiver. The amount so received
shall be deposited by the receiver in a special account which shall also
be used for all disbursements made by the receiver.

b. Any person refusing or omitting to make such a payment after such
service and notice may be sued therefor by the receiver. Such person
shall not in such suit dispute the authority of the receiver to incur or
order such expenses, or the right of the receiver to such payments made
to him. The receipt provided by the receiver for any sum paid to him
shall, in all suits and proceedings and for every other purpose, be as
effectual in favor of any person holding the receipt as actual payment
of the amount thereof to the operator or other person or persons who
would, but for the provisions of this section, have been entitled to
receive the sum to be paid. No resident shall be discharged, nor shall
any contract or rights be forfeited or impaired, nor any forfeiture or
liability be incurred, by reason of any omission to pay any operator,
owner, contractor, or other person any sum so paid to the receiver.

8. Any other provision of this article notwithstanding, the council
may, if it deems appropriate, grant to any community operating or
scheduled to operate under a receivership authorized by this section a
certificate of authority, the duration of which shall be limited to the
duration of the receivership.

9. a. No provision contained herein shall be deemed to relieve the
operator, owner, or manager of any civil or criminal liability incurred,
or any duty imposed by law, by reason of acts or omissions of the
operator, owner, or manager prior to the appointment of any receiver
hereunder, nor shall anything contained herein be construed to suspend
during the receivership any obligation of the owner for the payment of
taxes or other operating and maintenance expenses of the community nor
of the owner or any other person for the payment of mortgages or liens.

b. The receiver shall not be responsible for any obligations incurred
by the owner, manager, or prime lessor, if any, prior to the appointment
of the receiver, other than those obligations to residents pursuant to
the continuing care retirement contracts.

c. The receiver shall be entitled to use for operating and maintenance
expenses and the basic needs of the residents of the community a portion
of the revenues due the operator during the month in which the receiver
is appointed which portion shall be established on the basis of the
amounts of the unpaid operating and maintenance expenses for such month.