|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to judiciary|
|Mar 11, 2009||referred to judiciary|
senate Bill S3142
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3142 (ACTIVE) - Details
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
BILL NUMBER: S3142 TITLE OF BILL : An act to amend the real property law, in relation to planned retirement communities in Suffolk county PURPOSE : This legislation would provide protections to retired persons who purchase homes on ground 1 eases. Specifically, the bill would: 1. Call for 99 year leases 2. Require rules and regulations to be given to prospective buyers and attached to lease 3. A presumption that rules and regulations not uniformly enforced are arbitrary and capricious 4. Rules and regulations cannot be changed without the consent of the homeowners and tenants 5. No fees may be added by the retirement community owner in Suffolk County unless approved by three-fourths of the tenants 6. All rent and utilities must be reasonably related to the value of the facility or the services rendered. 7. Rent and utility fees must be fully explained when the deposit is made; failure to do so will result in a failure of the owner to
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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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. LBD03984-01-9
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