Bill Text: NY A09213 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-17 - reported referred to rules [A09213 Detail]
Download: New_York-2021-A09213-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9213--A IN ASSEMBLY February 9, 2022 ___________ Introduced by M. of A. THIELE -- read once and referred to the Committee on Aging -- 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: 1 Section 1. The real property law is amended by adding a new section 2 238-b to read as follows: 3 § 238-b. Lease-hold retirement community. 1. Definitions. As used in 4 this section: 5 (a) A "lease-hold retirement community" shall mean a contiguous parcel 6 of privately owned real property containing two hundred or more lots 7 which are leased to owners of year-round homes erected thereon and 8 affixed thereto wherein the occupation is restricted to individuals 9 based on age pursuant to paragraph (h) of subdivision three of this 10 section. 11 A "lease-hold retirement community" shall not include a mobile home 12 park, or condominium, as defined in this chapter, a continuing care 13 retirement community authorized under article forty-six or forty-six-A 14 of the public health law, or a cooperative housing corporation created 15 pursuant to the business corporation law. 16 (b) "Home owner" shall mean one who holds title to a home. 17 (c) "Tenant" shall mean one who occupies a home in a lease-hold 18 retirement community for thirty days or more, and whose occupation of 19 the home in the lease-hold retirement community is known to the lease- 20 hold retirement community owner or operator. 21 2. Leases. (a) Any lease-hold retirement community owner or operator 22 shall offer every home owner the opportunity to sign a long term lease 23 for ninety-nine years, with an option of the home owner to cancel said 24 lease on ninety days written notice to said owner or operator. 25 (b) A copy of such lease-hold retirement community's rules and regu- 26 lations, if any, shall be attached to and become a part of the lease 27 provided for by this section, as if fully set forth therein. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05787-02-2A. 9213--A 2 1 (c) No rules or regulations shall be inconsistent with the lease 2 provisions in effect at the commencement of such lease. 3 (d) A copy of the lease shall be delivered by such lease-hold retire- 4 ment community owner or operator to all home owners or tenants at the 5 time of the first deposit made payable to said lease-hold retirement 6 community owner or operator. 7 3. Rules and regulations. (a) The lease-hold retirement community 8 owner or operator may promulgate rules or regulations governing the rent 9 and use or occupation of the home lot, provided that such rules or regu- 10 lations shall not be unreasonable, arbitrary or capricious. 11 (b) A copy of all rules and regulations shall be delivered by the 12 lease-hold retirement community owner or operator to all home owners or 13 tenants at the time of the first deposit made payable to said lease-hold 14 retirement community owner or operator. 15 (c) A copy of all rules and regulations shall be posted in a conspicu- 16 ous public location upon the grounds of the lease-hold retirement commu- 17 nity. 18 (d) If a rule or regulation is not applied uniformly to all home 19 owners or tenants, there shall be a rebuttable presumption that such 20 rule or regulation is unreasonable, arbitrary or capricious. 21 (e) Any rule or regulation which does not conform to the requirements 22 of this section or which has not been supplied or posted as required by 23 this section, shall not be enforceable. 24 (f) No rule or regulation may be added, amended, repealed or changed 25 by the lease-hold retirement community owner or operator without the 26 written consent of sixty percent of the home owners. 27 (g) Rules and regulations shall not take effect until supplied and 28 posted pursuant to this subdivision. 29 (h) Such rules and regulations may establish a minimum age for indi- 30 viduals to occupy a home within the lease-hold retirement community 31 subject to any applicable law. 32 4. Fees. (a) No lease-hold retirement community home owner or tenant 33 shall be charged a fee, charge, or assessment that is not already speci- 34 fied in their current lease agreement, except for rent, utilities, and 35 fees for services necessary for the operation of the lease-hold retire- 36 ment community, unless agreed to by sixty percent of all of the home 37 owners, such as for facilities available to the homeowners and tenants. 38 (b) All such charges for rent, utilities, services necessary for the 39 operation of the lease-hold retirement community, and facilities avail- 40 able to the homeowners and tenants must be reasonably related to the 41 value of the facility available or the services actually rendered. 42 (c) A lease-hold retirement community owner or operator must fully 43 disclose all charges for rent, utilities, services necessary for the 44 operation of the lease-hold retirement community, and facilities avail- 45 able to the homeowners and tenants to all home owners at the time of the 46 first deposit made payable to said community owner or operator. A new 47 fee, charge, or assessment that is not specified in a homeowner's lease 48 agreement shall not be collectable until the lease-hold retirement 49 community owner or operator provides the homeowner with a written copy 50 detailing such fee, charge, or assessment. 51 (d) Failure on the part of the lease-hold retirement community owner 52 or operator to fully disclose all charges for rent, utilities, services 53 necessary for the operation of the lease-hold retirement community, and 54 facilities available to the homeowners and tenants pursuant to paragraph 55 (c) of this subdivision shall prevent the said community owner or opera- 56 tor from collecting such charges.A. 9213--A 3 1 5. Prohibition. No lease-hold retirement community owner or operator 2 shall: 3 (a) Restrict the purchase and/or installation of any commodities, 4 goods or services by the home owner or agent thereof to specific 5 vendors, including, but not limited to, employees, agents or other 6 persons acting for or on behalf of the lease-hold retirement community 7 owner or operator. 8 (b) Restrict the improvement, including but not limited to, the 9 installation of appliances, to any property of the homeowner or tenant, 10 so long as such improvement is in compliance with applicable building 11 codes, other provisions of law, and the rules and regulations of the 12 lease-hold retirement community. 13 (c) Restrict the installation, maintenance or repair of any property 14 of the home owner or tenant to specific vendors including, but not 15 limited to, employees, agents or other persons acting for or on behalf 16 of the lease-hold retirement community owner or operator. 17 (d) Charge a fee or impose other charges on a home owner or tenant who 18 chooses to install appliances and/or fixtures. This shall not restrict 19 the ability of the lease-hold retirement community owner or operator to 20 collect increased utility charges resulting from the installation of any 21 appliance or fixture. 22 (e) Impose any charge for or restrict the ingress or egress to the 23 lease-hold retirement community of, any person employed, retained, or 24 invited by the home owner or tenant. 25 6. Sale of homes. (a) A lease-hold retirement community owner or oper- 26 ator shall not place restrictions on the sale of a home in the lease- 27 hold retirement community. 28 (b) The right to sell a lease-hold retirement community home includes 29 the incidental right to use any and all methods common to sales of resi- 30 dential property. 31 (c) The lease-hold retirement community owner or operator shall enter 32 into a lease agreement within a reasonable time from the completion of 33 the sale pursuant to subdivision two of this section with the subsequent 34 purchaser of a home in the lease-hold retirement community. 35 (d) The lease-hold retirement community owner or operator shall not 36 exact a commission or fee with respect to the price realized by the 37 seller unless the community owner or operator has acted as agent for the 38 said home owner in the sale pursuant to a written contract. 39 7. (a) The lease-hold retirement community owner or operator may 40 reserve the right to approve any tenants who lease or sublease real 41 property and any improvements thereon from a homeowner within the lease- 42 hold retirement community. The lease-hold retirement community owner or 43 operator may only withhold approval if the proposed tenant or proposed 44 lease or sublease is not in conformity with the established rules and 45 regulations of such lease-hold retirement community. 46 (b) If a homeowner wishes to lease or sublease real property and any 47 improvements thereon within a lease-hold retirement community: 48 (1) The homeowner must inform the lease-hold retirement community 49 owner or operator no less than thirty days prior to the proposed effec- 50 tive date of such lease or sublease. 51 (2) The lease-hold retirement community owner or operator may request 52 additional information from the homeowner within ten days. If such addi- 53 tional information is not unduly burdensome, failure to provide such 54 additional information will allow the lease-hold retirement community 55 owner or operator to withhold their approval of the proposed tenant or 56 proposed lease or sublease.A. 9213--A 4 1 (3) If the lease-hold retirement community owner or operator does not 2 respond by approving or withholding approval of the proposed tenant or 3 proposed lease or sublease within thirty days of the initial request by 4 the homeowner, the proposed tenant or proposed lease or sublease shall 5 be deemed approved. 6 8. Emergencies. A lease-hold retirement community owner or operator 7 shall designate a phone number that is available on a twenty-four hour 8 basis to insure the availability of emergency response in matters 9 affecting the health, safety, well-being, and/or general welfare of 10 lease-hold retirement community tenants. The telephone number shall be 11 posted in a conspicuous public location in the lease-hold retirement 12 community, given in writing to each homeowner and tenant, and registered 13 with appropriate municipal law enforcement, health and fire officials. 14 9. Retaliation. No lease-hold retirement community owner or operator 15 may threaten reprisal against any of such home owners or tenants as a 16 result of their lawful pursuits and activities. 17 10. Refusal to furnish service. Any lease-hold retirement community 18 owner or operator who has agreed to provide hot or cold water, heat, 19 light, power, or any other service or facility to an occupant of the 20 lease-hold retirement community shall not willfully or intentionally 21 fail to furnish such water, heat, light, power or other service or 22 facility, or interfere with the quiet enjoyment of the leased premises. 23 11. Receipts. Upon receipt of rent, fees, charges or other assess- 24 ments, in the form of cash or any instrument other than the personal 25 check of the tenant, it shall be the duty of the lease-hold retirement 26 community owner or operator to provide the payor with a written receipt 27 containing the following: 28 (a) The date; 29 (b) The amount; 30 (c) The identity of the premises and the purpose for which paid; and 31 (d) The signature and title of the person receiving payment. 32 12. Remedies. (a) Any lease-hold retirement community home owner or 33 tenant injured or damaged in whole or in part as a result of a violation 34 of any of the provisions of this section may bring an action for recov- 35 ery of actual damages plus reasonable attorney's fees or injunctive 36 relief as appropriate. The remedy shall be in addition to and shall not 37 preclude or diminish any action that an individual may have under common 38 law or any local, state or federal law or regulation. 39 (b) The county attorney may commence an action to restrain, prevent, 40 and/or enjoin a violation of this section or a continuance of such 41 violation of this section or a continuance of such violation by a lease- 42 hold retirement community owner or operator. 43 § 2. Subdivision 1 of section 233-b of the real property law, as added 44 by section 12 of part O of chapter 36 of the laws of 2019, is amended to 45 read as follows: 46 1. The provisions of this section shall apply to all manufactured 47 homes located in a manufactured home park as defined in section two 48 hundred thirty-three of this article, however manufactured homes located 49 in manufactured home parks that are subject to a regulatory agreement 50 with a governmental entity to preserve affordable housing or that other- 51 wise limits rent increases are exempt from the provisions of this 52 section. Homes in a lease-hold retirement community, as defined in 53 section two hundred thirty-eight-b of this article, shall also be 54 subject to the provisions of this section relating to rent increases the 55 same as a manufactured home park.A. 9213--A 5 1 § 3. Separability. If any part or provision of this act or the appli- 2 cation thereof to a person or circumstance is adjudged invalid by any 3 court of competent jurisdiction, such judgment shall be confined in its 4 operation to the part or the provision or application directly involved 5 in the controversy in which such judgment shall have been rendered and 6 shall not affect or impair the validity of the remainder of this act or 7 application thereof to other persons or circumstances. 8 § 4. This act shall take effect on the first of October next succeed- 9 ing the date on which it shall have become a law and shall apply to 10 sales, actions, rent increases, or leases involving lease-hold retire- 11 ment community homes occurring or entered into on or after such date.
