senate Bill S4316A

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 20, 2020 print number 4316a
Feb 20, 2020 amend and recommit to judiciary
Jan 08, 2020 referred to judiciary
Mar 07, 2019 referred to judiciary

S4316 - Details

See Assembly Version of this Bill:
A6364
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-b, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3142
2011-2012: S1941, A2136
2013-2014: S3660, A4769
2015-2016: S4435, A6268
2017-2018: S3818, A3145

S4316 - 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.

S4316 - Sponsor Memo

S4316 - Bill Text download pdf


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

    S. 4316                                                  A. 6364

                       2019-2020 Regular Sessions

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

                              March 7, 2019
                               ___________

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,  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.
  (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

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

S4316A (ACTIVE) - Details

See Assembly Version of this Bill:
A6364
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-b, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3142
2011-2012: S1941, A2136
2013-2014: S3660, A4769
2015-2016: S4435, A6268
2017-2018: S3818, A3145

S4316A (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.

S4316A (ACTIVE) - Sponsor Memo

S4316A (ACTIVE) - Bill Text download pdf


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

                                 4316--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              March 7, 2019
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, 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

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-b to read as follows:
  § 238-B. 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.
  (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

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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.