senate Bill S3818A

2017-2018 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 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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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2018 print number 3818a
May 04, 2018 amend and recommit to judiciary
Jan 03, 2018 referred to judiciary
Jan 27, 2017 referred to judiciary

S3818 - Details

See Assembly Version of this Bill:
A3145
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3142
2011-2012: S1941, A2136
2013-2014: S3660, A4769
2015-2016: S4435, A6268
2019-2020: S4316, A6364

S3818 - 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.

S3818 - Sponsor Memo

S3818 - Bill Text download pdf


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

    S. 3818                                                  A. 3145

                       2017-2018 Regular Sessions

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

                            January 27, 2017
                               ___________

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 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:
  § 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
THE  HOME  IN THE LEASE-HOLD RETIREMENT COMMUNITY IS KNOWN TO THE LEASE-
HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR.
  2. LEASES. (A) ANY LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR
SHALL  OFFER  EVERY HOME OWNER THE OPPORTUNITY TO SIGN A LONG TERM LEASE
FOR NINETY-NINE YEARS, WITH AN OPTION OF THE HOME OWNER TO  CANCEL  SAID
LEASE ON NINETY DAYS WRITTEN NOTICE TO SAID OWNER OR OPERATOR.

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

S3818A (ACTIVE) - Details

See Assembly Version of this Bill:
A3145
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3142
2011-2012: S1941, A2136
2013-2014: S3660, A4769
2015-2016: S4435, A6268
2019-2020: S4316, A6364

S3818A (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.

S3818A (ACTIVE) - Sponsor Memo

S3818A (ACTIVE) - Bill Text download pdf


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

    S. 3818--A                                            A. 3145--A

                       2017-2018 Regular Sessions

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

                            January 27, 2017
                               ___________

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:
  § 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,  A  CONTINUING  CARE
RETIREMENT  COMMUNITY  AUTHORIZED UNDER ARTICLE FORTY-SIX OR FORTY-SIX-A
OF THE PUBLIC HEALTH LAW, OR A COOPERATIVE HOUSING  CORPORATION  CREATED
PURSUANT TO THE BUSINESS CORPORATION LAW.
  (B) "HOME OWNER" SHALL MEAN ONE WHO HOLDS TITLE TO A HOME.

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

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