Senate Bill S8312A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8312--A
 
                             I N  S E N A T E
 
                             February 11, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  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
 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.
                                                            LBD05787-03-2
 S. 8312--A                          2
              

 
   (B) A COPY OF SUCH LEASE-HOLD RETIREMENT COMMUNITY'S RULES  AND  REGU-
 LATIONS,  IF  ANY,  SHALL  BE ATTACHED TO AND BECOME A PART OF THE LEASE
 PROVIDED FOR BY THIS SECTION, AS IF FULLY SET FORTH THEREIN.
   (C)  NO  RULES  OR  REGULATIONS  SHALL  BE INCONSISTENT WITH THE LEASE
 PROVISIONS IN EFFECT AT THE COMMENCEMENT OF SUCH LEASE.
   (D) A COPY OF THE LEASE SHALL BE DELIVERED BY SUCH LEASE-HOLD  RETIRE-
 MENT  COMMUNITY  OWNER  OR OPERATOR TO ALL HOME OWNERS OR TENANTS AT THE
 TIME OF THE FIRST DEPOSIT MADE PAYABLE  TO  SAID  LEASE-HOLD  RETIREMENT
 COMMUNITY OWNER OR OPERATOR.
   3.  RULES  AND  REGULATIONS.  (A)  THE LEASE-HOLD RETIREMENT COMMUNITY
 OWNER OR OPERATOR MAY PROMULGATE RULES OR REGULATIONS GOVERNING THE RENT
 AND USE OR OCCUPATION OF THE HOME LOT, PROVIDED THAT SUCH RULES OR REGU-
 LATIONS SHALL NOT BE UNREASONABLE, ARBITRARY OR CAPRICIOUS.
   (B) A COPY OF ALL RULES AND REGULATIONS  SHALL  BE  DELIVERED  BY  THE
 LEASE-HOLD  RETIREMENT COMMUNITY OWNER OR OPERATOR TO ALL HOME OWNERS OR
 TENANTS AT THE TIME OF THE FIRST DEPOSIT MADE PAYABLE TO SAID LEASE-HOLD
 RETIREMENT COMMUNITY OWNER OR OPERATOR.
   (C) A COPY OF ALL RULES AND REGULATIONS SHALL BE POSTED IN A CONSPICU-
 OUS PUBLIC LOCATION UPON THE GROUNDS OF THE LEASE-HOLD RETIREMENT COMMU-
 NITY.
   (D) IF A RULE OR REGULATION IS  NOT  APPLIED  UNIFORMLY  TO  ALL  HOME
 OWNERS  OR  TENANTS,  THERE  SHALL BE A REBUTTABLE PRESUMPTION THAT SUCH
 RULE OR REGULATION IS UNREASONABLE, ARBITRARY OR CAPRICIOUS.
   (E) ANY RULE OR REGULATION WHICH DOES NOT CONFORM TO THE  REQUIREMENTS
 OF  THIS SECTION OR WHICH HAS NOT BEEN SUPPLIED OR POSTED AS REQUIRED BY
 THIS SECTION, SHALL NOT BE ENFORCEABLE.
   (F) NO RULE OR REGULATION MAY BE ADDED, AMENDED, REPEALED  OR  CHANGED
 BY  THE  LEASE-HOLD  RETIREMENT  COMMUNITY OWNER OR OPERATOR WITHOUT THE
 WRITTEN CONSENT OF SIXTY PERCENT OF THE HOME OWNERS.
   (G) RULES AND REGULATIONS SHALL NOT TAKE  EFFECT  UNTIL  SUPPLIED  AND
 POSTED PURSUANT TO THIS SUBDIVISION.
   (H)  SUCH  RULES AND REGULATIONS MAY ESTABLISH A MINIMUM AGE FOR INDI-
 VIDUALS TO OCCUPY A HOME  WITHIN  THE  LEASE-HOLD  RETIREMENT  COMMUNITY
 SUBJECT TO ANY APPLICABLE LAW.
   4.  FEES.  (A) NO LEASE-HOLD RETIREMENT COMMUNITY HOME OWNER OR TENANT
 SHALL BE CHARGED A FEE, CHARGE, OR ASSESSMENT THAT IS NOT ALREADY SPECI-
 FIED IN THEIR CURRENT LEASE AGREEMENT, EXCEPT FOR RENT,  UTILITIES,  AND
 FEES  FOR SERVICES NECESSARY FOR THE OPERATION OF THE LEASE-HOLD RETIRE-
 MENT COMMUNITY, UNLESS AGREED TO BY SIXTY PERCENT OF  ALL  OF  THE  HOME
 OWNERS, SUCH AS FOR FACILITIES AVAILABLE TO THE HOMEOWNERS AND TENANTS.
   (B)  ALL  SUCH CHARGES FOR RENT, UTILITIES, SERVICES NECESSARY FOR THE
 OPERATION OF THE LEASE-HOLD RETIREMENT COMMUNITY, AND FACILITIES  AVAIL-
 ABLE  TO  THE  HOMEOWNERS  AND TENANTS MUST BE REASONABLY RELATED TO THE
 VALUE OF THE FACILITY AVAILABLE OR THE SERVICES ACTUALLY RENDERED.
   (C) A LEASE-HOLD RETIREMENT COMMUNITY OWNER  OR  OPERATOR  MUST  FULLY
 DISCLOSE  ALL  CHARGES  FOR  RENT, UTILITIES, SERVICES NECESSARY FOR THE
 OPERATION OF THE LEASE-HOLD RETIREMENT COMMUNITY, AND FACILITIES  AVAIL-
 ABLE TO THE HOMEOWNERS AND TENANTS TO ALL HOME OWNERS AT THE TIME OF THE
 FIRST  DEPOSIT  MADE  PAYABLE TO SAID COMMUNITY OWNER OR OPERATOR. A NEW
 FEE, CHARGE, OR ASSESSMENT THAT IS NOT SPECIFIED IN A HOMEOWNER'S  LEASE
 AGREEMENT  SHALL  NOT  BE  COLLECTABLE  UNTIL  THE LEASE-HOLD RETIREMENT
 COMMUNITY OWNER OR OPERATOR PROVIDES THE HOMEOWNER WITH A  WRITTEN  COPY
 DETAILING SUCH FEE, CHARGE, OR ASSESSMENT.
   (D)  FAILURE  ON THE PART OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER
 OR OPERATOR TO FULLY DISCLOSE ALL CHARGES FOR RENT, UTILITIES,  SERVICES
 NECESSARY  FOR THE OPERATION OF THE LEASE-HOLD RETIREMENT COMMUNITY, AND
 S. 8312--A                          3
 
 FACILITIES AVAILABLE TO THE HOMEOWNERS AND TENANTS PURSUANT TO PARAGRAPH
 (C) OF THIS SUBDIVISION SHALL PREVENT THE SAID COMMUNITY OWNER OR OPERA-
 TOR FROM COLLECTING SUCH CHARGES.
   5.  PROHIBITION.  NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
 SHALL:
   (A) RESTRICT THE PURCHASE  AND/OR  INSTALLATION  OF  ANY  COMMODITIES,
 GOODS  OR  SERVICES  BY  THE  HOME  OWNER  OR  AGENT THEREOF TO SPECIFIC
 VENDORS, INCLUDING, BUT NOT  LIMITED  TO,  EMPLOYEES,  AGENTS  OR  OTHER
 PERSONS  ACTING  FOR OR ON BEHALF OF THE LEASE-HOLD RETIREMENT COMMUNITY
 OWNER OR OPERATOR.
   (B) RESTRICT THE  IMPROVEMENT,  INCLUDING  BUT  NOT  LIMITED  TO,  THE
 INSTALLATION  OF APPLIANCES, TO ANY PROPERTY OF THE HOMEOWNER OR TENANT,
 SO LONG AS SUCH IMPROVEMENT IS IN COMPLIANCE  WITH  APPLICABLE  BUILDING
 CODES,  OTHER  PROVISIONS  OF  LAW, AND THE RULES AND REGULATIONS OF THE
 LEASE-HOLD RETIREMENT COMMUNITY.
   (C) RESTRICT THE INSTALLATION, MAINTENANCE OR REPAIR OF  ANY  PROPERTY
 OF  THE  HOME  OWNER  OR  TENANT  TO SPECIFIC VENDORS INCLUDING, BUT NOT
 LIMITED TO, EMPLOYEES, AGENTS OR OTHER PERSONS ACTING FOR OR  ON  BEHALF
 OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR.
   (D) CHARGE A FEE OR IMPOSE OTHER CHARGES ON A HOME OWNER OR TENANT WHO
 CHOOSES  TO  INSTALL APPLIANCES AND/OR FIXTURES. THIS SHALL NOT RESTRICT
 THE ABILITY OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR  TO
 COLLECT INCREASED UTILITY CHARGES RESULTING FROM THE INSTALLATION OF ANY
 APPLIANCE OR FIXTURE.
   (E)  IMPOSE  ANY  CHARGE  FOR OR RESTRICT THE INGRESS OR EGRESS TO THE
 LEASE-HOLD RETIREMENT COMMUNITY OF, ANY PERSON  EMPLOYED,  RETAINED,  OR
 INVITED BY THE HOME OWNER OR TENANT.
   6. SALE OF HOMES. (A) A LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPER-
 ATOR  SHALL  NOT  PLACE RESTRICTIONS ON THE SALE OF A HOME IN THE LEASE-
 HOLD RETIREMENT COMMUNITY.
   (B) THE RIGHT TO SELL A LEASE-HOLD RETIREMENT COMMUNITY HOME  INCLUDES
 THE INCIDENTAL RIGHT TO USE ANY AND ALL METHODS COMMON TO SALES OF RESI-
 DENTIAL PROPERTY.
   (C)  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL ENTER
 INTO A LEASE AGREEMENT WITHIN A REASONABLE TIME FROM THE  COMPLETION  OF
 THE SALE PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITH THE SUBSEQUENT
 PURCHASER OF A HOME IN THE LEASE-HOLD RETIREMENT COMMUNITY.
   (D)  THE  LEASE-HOLD  RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL NOT
 EXACT A COMMISSION OR FEE WITH RESPECT TO  THE  PRICE  REALIZED  BY  THE
 SELLER UNLESS THE COMMUNITY OWNER OR OPERATOR HAS ACTED AS AGENT FOR THE
 SAID HOME OWNER IN THE SALE PURSUANT TO A WRITTEN CONTRACT.
   7.  (A)  THE  LEASE-HOLD  RETIREMENT  COMMUNITY  OWNER OR OPERATOR MAY
 RESERVE THE RIGHT TO APPROVE ANY TENANTS  WHO  LEASE  OR  SUBLEASE  REAL
 PROPERTY AND ANY IMPROVEMENTS THEREON FROM A HOMEOWNER WITHIN THE LEASE-
 HOLD RETIREMENT COMMUNITY.  THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR
 OPERATOR  MAY  ONLY WITHHOLD APPROVAL IF THE PROPOSED TENANT OR PROPOSED
 LEASE OR SUBLEASE IS NOT IN CONFORMITY WITH THE  ESTABLISHED  RULES  AND
 REGULATIONS OF SUCH LEASE-HOLD RETIREMENT COMMUNITY.
   (B)  IF  A HOMEOWNER WISHES TO LEASE OR SUBLEASE REAL PROPERTY AND ANY
 IMPROVEMENTS THEREON WITHIN A LEASE-HOLD RETIREMENT COMMUNITY:
   (1) THE HOMEOWNER MUST  INFORM  THE  LEASE-HOLD  RETIREMENT  COMMUNITY
 OWNER  OR OPERATOR NO LESS THAN THIRTY DAYS PRIOR TO THE PROPOSED EFFEC-
 TIVE DATE OF SUCH LEASE OR SUBLEASE.
   (2) THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR MAY  REQUEST
 ADDITIONAL INFORMATION FROM THE HOMEOWNER WITHIN TEN DAYS. IF SUCH ADDI-
 TIONAL  INFORMATION  IS  NOT  UNDULY BURDENSOME, FAILURE TO PROVIDE SUCH
 S. 8312--A                          4
 
 ADDITIONAL INFORMATION WILL ALLOW THE  LEASE-HOLD  RETIREMENT  COMMUNITY
 OWNER  OR  OPERATOR TO WITHHOLD THEIR APPROVAL OF THE PROPOSED TENANT OR
 PROPOSED LEASE OR SUBLEASE.
   (3)  IF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR DOES NOT
 RESPOND BY APPROVING OR WITHHOLDING APPROVAL OF THE PROPOSED  TENANT  OR
 PROPOSED  LEASE OR SUBLEASE WITHIN THIRTY DAYS OF THE INITIAL REQUEST BY
 THE HOMEOWNER, THE PROPOSED TENANT OR PROPOSED LEASE OR  SUBLEASE  SHALL
 BE DEEMED APPROVED.
   8.  EMERGENCIES.   A LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
 SHALL DESIGNATE A PHONE NUMBER THAT IS AVAILABLE ON A  TWENTY-FOUR  HOUR
 BASIS  TO  INSURE  THE  AVAILABILITY  OF  EMERGENCY  RESPONSE IN MATTERS
 AFFECTING THE HEALTH, SAFETY,  WELL-BEING,  AND/OR  GENERAL  WELFARE  OF
 LEASE-HOLD  RETIREMENT COMMUNITY TENANTS.  THE TELEPHONE NUMBER SHALL BE
 POSTED IN A CONSPICUOUS PUBLIC LOCATION  IN  THE  LEASE-HOLD  RETIREMENT
 COMMUNITY, GIVEN IN WRITING TO EACH HOMEOWNER AND TENANT, AND REGISTERED
 WITH APPROPRIATE MUNICIPAL LAW ENFORCEMENT, HEALTH AND FIRE OFFICIALS.
   9.  RETALIATION.  NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
 MAY THREATEN REPRISAL AGAINST ANY OF SUCH HOME OWNERS OR  TENANTS  AS  A
 RESULT OF THEIR LAWFUL PURSUITS AND ACTIVITIES.
   10.  REFUSAL  TO  FURNISH SERVICE. ANY LEASE-HOLD RETIREMENT COMMUNITY
 OWNER OR OPERATOR WHO HAS AGREED TO PROVIDE HOT  OR  COLD  WATER,  HEAT,
 LIGHT,  POWER,  OR  ANY  OTHER SERVICE OR FACILITY TO AN OCCUPANT OF THE
 LEASE-HOLD RETIREMENT COMMUNITY SHALL  NOT  WILLFULLY  OR  INTENTIONALLY
 FAIL  TO  FURNISH  SUCH  WATER,  HEAT,  LIGHT, POWER OR OTHER SERVICE OR
 FACILITY, OR INTERFERE WITH THE QUIET ENJOYMENT OF THE LEASED PREMISES.
   11. RECEIPTS. UPON RECEIPT OF RENT, FEES,  CHARGES  OR  OTHER  ASSESS-
 MENTS,  IN  THE  FORM  OF CASH OR ANY INSTRUMENT OTHER THAN THE PERSONAL
 CHECK OF THE TENANT, IT SHALL BE THE DUTY OF THE  LEASE-HOLD  RETIREMENT
 COMMUNITY  OWNER OR OPERATOR TO PROVIDE THE PAYOR WITH A WRITTEN RECEIPT
 CONTAINING THE FOLLOWING:
   (A) THE DATE;
   (B) THE AMOUNT;
   (C) THE IDENTITY OF THE PREMISES AND THE PURPOSE FOR WHICH PAID; AND
   (D) THE SIGNATURE AND TITLE OF THE PERSON RECEIVING PAYMENT.
   12. REMEDIES. (A) ANY LEASE-HOLD RETIREMENT COMMUNITY  HOME  OWNER  OR
 TENANT INJURED OR DAMAGED IN WHOLE OR IN PART AS A RESULT OF A VIOLATION
 OF  ANY OF THE PROVISIONS OF THIS SECTION MAY BRING AN ACTION FOR RECOV-
 ERY OF ACTUAL DAMAGES PLUS  REASONABLE  ATTORNEY'S  FEES  OR  INJUNCTIVE
 RELIEF  AS APPROPRIATE. THE REMEDY SHALL BE IN ADDITION TO AND SHALL NOT
 PRECLUDE OR DIMINISH ANY ACTION THAT AN INDIVIDUAL MAY HAVE UNDER COMMON
 LAW OR ANY LOCAL, STATE OR FEDERAL LAW OR REGULATION.
   (B) THE COUNTY ATTORNEY MAY COMMENCE AN ACTION TO  RESTRAIN,  PREVENT,
 AND/OR  ENJOIN  A  VIOLATION  OF  THIS  SECTION OR A CONTINUANCE OF SUCH
 VIOLATION OF THIS SECTION OR A CONTINUANCE OF SUCH VIOLATION BY A LEASE-
 HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR.
   § 2. Subdivision 1 of section 233-b of the real property law, as added
 by section 12 of part O of chapter 36 of the laws of 2019, is amended to
 read as follows:
   1. The provisions of this section  shall  apply  to  all  manufactured
 homes  located  in  a  manufactured  home park as defined in section two
 hundred thirty-three of this article, however manufactured homes located
 in manufactured home parks that are subject to  a  regulatory  agreement
 with a governmental entity to preserve affordable housing or that other-
 wise  limits  rent  increases  are  exempt  from  the provisions of this
 section.   HOMES IN A LEASE-HOLD RETIREMENT  COMMUNITY,  AS  DEFINED  IN
 SECTION  TWO  HUNDRED  THIRTY-EIGHT-B  OF  THIS  ARTICLE,  SHALL ALSO BE
 S. 8312--A                          5
 
 SUBJECT TO THE PROVISIONS OF THIS SECTION RELATING TO RENT INCREASES THE
 SAME AS A MANUFACTURED HOME PARK.
   §  3. Separability. If any part or provision of this act or the appli-
 cation thereof to a person or circumstance is adjudged  invalid  by  any
 court  of competent jurisdiction, such judgment shall be confined in its
 operation to the part or the provision or application directly  involved
 in  the  controversy in which such judgment shall have been rendered and
 shall not affect or impair the validity of the remainder of this act  or
 application thereof to other persons or circumstances.
   §  4. This act shall take effect on the first of October next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 sales,  actions,  rent increases, or leases involving lease-hold retire-
 ment community homes occurring or entered into on or after such date.