assembly Bill A2136A

2011-2012 Legislative Session

Defines lease-hold retirement community and proscribes rules and regulations for ownership and operation thereof

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Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 reported referred to rules
Jun 05, 2012 reported referred to codes
May 31, 2012 print number 2136a
May 31, 2012 amend (t) and recommit to aging
Jan 04, 2012 referred to aging
Jan 14, 2011 referred to aging

A2136 - Details

See Senate Version of this Bill:
S1941
Current Committee:
Assembly Rules
Law Section:
Real Property Law
Laws Affected:
Add §238-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3142
2013-2014: A4769, S3660
2015-2016: A6268, S4435
2017-2018: A3145, S3818
2019-2020: A6364, S4316

A2136 - Summary

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.

A2136 - Bill Text download pdf

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

    S. 1941                                                  A. 2136

                       2011-2012 Regular Sessions

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

                            January 14, 2011
                               ___________

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.
                                                           LBD03799-01-1

A2136A (ACTIVE) - Details

See Senate Version of this Bill:
S1941
Current Committee:
Assembly Rules
Law Section:
Real Property Law
Laws Affected:
Add §238-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3142
2013-2014: A4769, S3660
2015-2016: A6268, S4435
2017-2018: A3145, S3818
2019-2020: A6364, S4316

A2136A (ACTIVE) - Summary

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.

A2136A (ACTIVE) - Bill Text download pdf

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

    S. 1941--A                                            A. 2136--A

                       2011-2012 Regular Sessions

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

                            January 14, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Judiciary --
  recommitted to the Committee on Judiciary in  accordance  with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the Committee on Aging -- recommitted to the Committee on Aging in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section  1.  The  real property law is amended by adding a new section
238-a to read as follows:
  S 238-A. LEASE-HOLD RETIREMENT COMMUNITY. 1. DEFINITIONS. AS  USED  IN
THIS SECTION:
  (A) A "LEASE-HOLD RETIREMENT COMMUNITY" SHALL MEAN A CONTIGUOUS PARCEL
OF  PRIVATELY  OWNED  REAL  PROPERTY CONTAINING TWO HUNDRED OR MORE LOTS
WHICH ARE LEASED TO OWNERS  OF  YEAR-ROUND  HOMES  ERECTED  THEREON  AND
AFFIXED  THERETO  WHEREIN  THE  OCCUPATION  IS RESTRICTED TO INDIVIDUALS
BASED ON AGE PURSUANT TO PARAGRAPH (H)  OF  SUBDIVISION  THREE  OF  THIS
SECTION.
  A  "LEASE-HOLD  RETIREMENT  COMMUNITY" SHALL NOT INCLUDE A MOBILE HOME
PARK, OR CONDOMINIUM, AS DEFINED IN THIS CHAPTER OR REAL PROPERTY  OWNED
BY A CORPORATION FORMED PURSUANT TO THE COOPERATIVE CORPORATIONS LAW.
  (B) "HOME OWNER" SHALL MEAN ONE WHO HOLDS TITLE TO A HOME.
  (C)  "TENANT"  SHALL  MEAN  ONE  WHO  OCCUPIES  A HOME IN A LEASE-HOLD
RETIREMENT COMMUNITY FOR THIRTY DAYS OR MORE, AND  WHOSE  OCCUPATION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03799-02-2