senate Bill S3142

2009-2010 Legislative Session

Defines planned retirement community and proscribes rules and regulations for ownership and operation in Suffolk county

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to judiciary
Mar 11, 2009 referred to judiciary

S3142 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง238-a, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1941
2013-2014: S3660
2015-2016: S4435
2017-2018: S3818
2019-2020: S4316
2021-2022: S8312

S3142 (ACTIVE) - Summary

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

S3142 (ACTIVE) - Sponsor Memo

S3142 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K

    S. 3142                                                  A. 6648

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 11, 2009

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Aging

AN ACT to amend the real property law, in relation to planned retirement
  communities in Suffolk county


  Section 1.  Legislative intent. The legislature hereby finds a need to
provide  adequate  housing for senior citizens in Suffolk county wishing
to retire and locate in a planned retirement community.
  The legislature also finds that  developers  in  Suffolk  county  have
begun selling factory manufactured homes in so-called "retirement commu-
nities"  in which a large parcel of land is subdivided into many smaller
plots.  In these communities, the home purchaser buys and owns only  the
home,  and rents the plot on which the home is installed from the devel-
oper. The developer retains ownership and control of  the  roads,  side-
walks, and common areas in the community.
  This  legislature further finds that the nature of this type of enter-
prise, that is, the purchaser buying only the  home  and  the  developer
retaining ownership of the land on which the home is installed, tends to
lend  itself  to  abuse  and  possibly illegal acts to the prejudice and
detriment of the purchaser.
  This legislature determines that adults of retirement age are a disad-
vantaged group, and as such, require special protection.
  Therefore, the purpose of this act is to extend to the owners or occu-
pants of homes in planned retirement communities at the minimum, (a) the
right to sell their homes including the incidental right to use any  and
all methods common to sales of residential property, and (b) a long term
lease  for no less than ninety-nine years with the sole option to cancel

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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