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.
(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(F) NO RULE OR REGULATION MAY BE ADDED, AMENDED, REPEALED OR CHANGED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 SPECI-
FYING THE DATE OF IMPLEMENTATION OF SAID ADDED, AMENDED, REPEALED OR
CHANGED RULE OR REGULATION, WHICH DATE SHALL BE NO FEWER THAN THIRTY
DAYS AFTER WRITTEN NOTICE TO ALL HOME OWNERS OR TENANTS.
(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 EXCEPT FOR RENT, UTILI-
TIES, AND FEES FOR SERVICES NECESSARY FOR THE OPERATION OF THE LEASE-
HOLD RETIREMENT COMMUNITY, SUCH AS FOR FACILITIES AVAILABLE TO THE HOME
OWNERS 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 HOME OWNERS AND TENANTS MUST BE REASONABLY RELATED TO 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 HOME OWNERS AND TENANTS TO ALL HOME OWNERS AT THE TIME OF
THE FIRST DEPOSIT MADE PAYABLE TO SAID COMMUNITY OWNER OR OPERATOR. A
NEW OR INCREASED FEE, CHARGE, OR ASSESSMENT THAT IS NOT SPECIFIED IN A
HOME OWNER'S LEASE AGREEMENT SHALL NOT BE COLLECTABLE UNTIL THE LEASE-
A. 4955--B 3
HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR PROVIDES THE HOME OWNER WITH
A WRITTEN COPY DETAILING SUCH FEE, CHARGE, OR ASSESSMENT SPECIFYING THE
DATE OF IMPLEMENTATION WHICH SHALL BE NO LESS THAN NINETY DAYS AFTER
SUCH WRITTEN NOTICE.
(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
FACILITIES AVAILABLE TO THE HOME OWNERS AND TENANTS PURSUANT TO PARA-
GRAPH (C) OF THIS SUBDIVISION SHALL PREVENT THE SAID COMMUNITY OWNER OR
OPERATOR FROM COLLECTING SUCH CHARGES.
5. PROHIBITION. NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR
SHALL:
(A) RESTRICT THE PURCHASE OR INSTALLATION OF ANY COMMODITIES, GOODS OR
SERVICES BY THE HOME OWNER OR AGENT THEREOF TO SPECIFIC VENDORS, INCLUD-
ING, 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 INTERIOR IMPROVEMENT, INCLUDING BUT NOT LIMITED TO,
THE INSTALLATION OF APPLIANCES, TO ANY PROPERTY OF THE HOME OWNER OR
TENANT, SO LONG AS SUCH INTERIOR IMPROVEMENT IS IN COMPLIANCE WITH
APPLICABLE BUILDING CODES, OTHER PROVISIONS OF LAW, AND THE RULES AND
REGULATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY AND PROVIDED FURTHER
THAT ADEQUATE UTILITIES ARE AVAILABLE FOR SUCH IMPROVEMENT.
(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 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) NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR
OPERATOR SHALL DENY A HOME OWNER THE RIGHT TO SELL THEIR HOME WITHIN THE
LEASE-HOLD RETIREMENT COMMUNITY PROVIDED THE HOME OWNER SHALL GIVE TO
THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR TWENTY DAYS' WRIT-
TEN NOTICE OF THE HOME OWNER'S INTENTION TO SELL, PROVIDED THAT IF THE
HOME OWNER IS DECEASED NO SUCH NOTICE SHALL BE REQUIRED FROM THE ADMIN-
ISTRATOR OR EXECUTOR OF THE HOME OWNER'S ESTATE, AND PROVIDED FURTHER
THAT NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL RESTRICT
ACCESS TO THE LEASE-HOLD RETIREMENT COMMUNITY TO ANY POTENTIAL PURCHASER
OR REPRESENTATIVES OF ANY SELLER UNLESS THE LEASE-HOLD RETIREMENT COMMU-
NITY OWNER ESTABLISHES THAT SUCH RESTRICTION IS NECESSARY TO PROTECT THE
PROPERTY OF SUCH COMMUNITY OWNER OR OPERATOR FROM SUBSTANTIAL HARM OR
IMPAIRMENT. THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR MAY
RESERVE THE RIGHT TO APPROVE THE PURCHASER OF SAID HOME FOR THE REMAIN-
DER OF THE SELLER'S OR DECEASED HOME OWNER'S TERM BUT SUCH PERMISSION
MAY NOT BE UNREASONABLY WITHHELD. IF THE LEASE-HOLD RETIREMENT COMMUNI-
TY OWNER OR OPERATOR UNREASONABLY WITHHOLDS PERMISSION OR UNREASONABLY
RESTRICTS ACCESS TO THE LEASE-HOLD RETIREMENT COMMUNITY, THE HOME OWNER
OR THE EXECUTOR OR ADMINISTRATOR OF A DECEASED HOME OWNER'S ESTATE MAY
RECOVER THE COSTS OF THE PROCEEDINGS AND ATTORNEYS' FEES IF IT IS FOUND
THAT THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR ACTED IN BAD
FAITH BY WITHHOLDING PERMISSION OR RESTRICTING ACCESS.
A. 4955--B 4
(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
HOME OWNER IN THE SALE PURSUANT TO A WRITTEN CONTRACT.
(E) IF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR REJECTS A
PURCHASER AS A PROSPECTIVE HOME OWNER, THE SELLING HOME OWNER MUST BE
INFORMED IN WRITING OF THE REASONS THEREFOR.
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 HOME OWNER 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 HOME OWNER WISHES TO LEASE OR SUBLEASE REAL PROPERTY AND ANY
IMPROVEMENTS THEREON WITHIN A LEASE-HOLD RETIREMENT COMMUNITY:
(1) THE HOME OWNER 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 HOME OWNER WITHIN TEN DAYS. IF SUCH
ADDITIONAL INFORMATION IS NOT UNDULY BURDENSOME, FAILURE TO PROVIDE SUCH
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 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 HOME OWNER AND TENANT, AND REGISTERED WITH
APPROPRIATE MUNICIPAL LAW ENFORCEMENT, HEALTH AND FIRE OFFICIALS.
9. RETALIATION. (A) NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERA-
TOR SHALL SERVE A NOTICE TO QUIT UPON ANY HOME OWNER OR COMMENCE ANY
ACTION TO RECOVER REAL PROPERTY OR SUMMARY PROCEEDING TO RECOVER
POSSESSION OF REAL PROPERTY IN RETALIATION FOR:
(1) A GOOD FAITH COMPLAINT, BY OR IN BEHALF OF THE HOME OWNER, TO A
GOVERNMENTAL AUTHORITY OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER'S
OR OPERATOR'S ALLEGED VIOLATION OF ANY HEALTH OR SAFETY LAW, REGU-
LATION, CODE, OR ORDINANCE, OR ANY LAW OR REGULATION WHICH HAS AS ITS
OBJECTIVE THE REGULATION OF PREMISES USED FOR DWELLING PURPOSES; OR
(2) ACTIONS TAKEN IN GOOD FAITH, BY OR IN BEHALF OF THE HOME OWNER, TO
SECURE OR ENFORCE ANY RIGHTS UNDER THE LEASE, UNDER SUBDIVISION TEN OF
A. 4955--B 5
THIS SECTION AND SUBDIVISIONS TWO AND THREE OF SECTION TWO HUNDRED THIR-
TY-FIVE-B OF THIS ARTICLE, OR UNDER ANY OTHER LOCAL LAW, LAW OF THE
STATE OF NEW YORK, OR OF ITS GOVERNMENTAL SUBDIVISIONS, OR OF THE
UNITED STATES WHICH HAS AS ITS OBJECTIVE THE REGULATION OF PREMISES USED
FOR DWELLING PURPOSES; OR
(3) THE HOME OWNERS'S PARTICIPATION IN THE ACTIVITIES OF A HOME
OWNERS'S ORGANIZATION.
(B) NO LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL
SUBSTANTIALLY ALTER THE TERMS OF THE TENANCY IN RETALIATION FOR ANY
ACTIONS SET FORTH IN SUBPARAGRAPHS ONE, TWO AND THREE OF PARAGRAPH (A)
OF THIS SUBDIVISION.
(C) THIS SUBDIVISION SHALL APPLY TO ALL LEASE-HOLD RETIREMENT COMMUNI-
TY WITH FOUR OR MORE HOMES. HOWEVER, ITS PROVISIONS SHALL NOT BE GIVEN
EFFECT IN ANY CASE IN WHICH IT IS ESTABLISHED THAT THE CONDITION FROM
WHICH THE COMPLAINT OR ACTION AROSE WAS CAUSED BY THE HOME OWNER, A
MEMBER OF THE HOME OWNER'S HOUSEHOLD, OR A GUEST OF THE HOME OWNER. NOR
SHALL IT APPLY IN A CASE WHERE A TENANCY WAS TERMINATED PURSUANT TO THE
TERMS OF A LEASE AS A RESULT OF A BONA FIDE TRANSFER OF OWNERSHIP. THE
RIGHTS AND OBLIGATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR
OPERATOR AND THE HOME OWNER SHALL BE GOVERNED BY THE PROVISIONS OF THIS
SUBDIVISION AND SUBDIVISIONS THREE, FOUR AND FIVE OF SECTION TWO HUNDRED
TWENTY-THREE-B OF THIS ARTICLE.
10. WARRANTY OF HABITABILITY, MAINTENANCE, DISRUPTION OF SERVICES. IN
EVERY WRITTEN OR ORAL LEASE OR RENTAL AGREEMENT ENTERED INTO BY A HOME
OWNER, THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR SHALL BE
DEEMED TO COVENANT AND WARRANT THAT THE PREMISES SO LEASED OR RENTED AND
THE HOME IF RENTED, INCLUDING RENTAL THROUGH A RENT-TO-OWN CONTRACT, AND
ALL AREAS USED IN CONNECTION THEREWITH IN COMMON WITH OTHER HOME OWNER
OR RESIDENTS INCLUDING ALL ROADS WITHIN THE LEASE-HOLD RETIREMENT COMMU-
NITY ARE FIT FOR HUMAN HABITATION AND FOR THE USES REASONABLY INTENDED
BY THE PARTIES AND THAT THE OCCUPANTS OF SUCH PREMISES AND SUCH HOMES IF
RENTED SHALL NOT BE SUBJECTED TO ANY CONDITIONS WHICH WOULD BE DANGER-
OUS, HAZARDOUS OR DETRIMENTAL TO THEIR LIFE, HEALTH OR SAFETY. WHEN ANY
SUCH CONDITION HAS BEEN CAUSED BY THE MISCONDUCT OF THE HOME OWNER OR
LESSEE OR PERSONS UNDER THEIR DIRECTION OR CONTROL, IT SHALL NOT CONSTI-
TUTE A BREACH OF SUCH COVENANTS AND WARRANTIES. THE RIGHTS AND OBLI-
GATIONS OF THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR OPERATOR AND THE
HOME OWNER SHALL BE GOVERNED BY THE PROVISIONS OF THIS SUBDIVISION AND
SUBDIVISIONS TWO AND THREE OF SECTION TWO HUNDRED THIRTY-FIVE-B OF THIS
ARTICLE.
11. ATTORNEYS' FEES. WHENEVER A LEASE SHALL PROVIDE THAT IN ANY ACTION
OR SUMMARY PROCEEDING THE LEASE-HOLD RETIREMENT COMMUNITY OWNER OR
OPERATOR MAY RECOVER ATTORNEYS' FEES AND EXPENSES AWARDED BY A COURT,
THERE SHALL BE IMPLIED IN SUCH LEASE A COVENANT BY THE LEASE-HOLD
RETIREMENT COMMUNITY OWNER OR OPERATOR, TO PAY TO THE HOME OWNER THE
REASONABLE ATTORNEYS' FEES AND EXPENSES INCURRED BY THE HOME OWNER TO
THE SAME EXTENT AS IS PROVIDED IN SECTION TWO HUNDRED THIRTY-FOUR OF
THIS ARTICLE WHICH SECTION SHALL APPLY IN ITS ENTIRETY. A LEASE-HOLD
RETIREMENT COMMUNITY OWNER OR OPERATOR MAY NOT DEMAND THAT A HOME OWNER
PAYS ATTORNEYS' FEES UNLESS SUCH FEES HAVE BEEN AWARDED PURSUANT TO A
COURT ORDER.
12. 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
A. 4955--B 6
FAIL TO FURNISH SUCH WATER, HEAT, LIGHT, POWER OR OTHER SERVICE OR
FACILITY, OR INTERFERE WITH THE QUIET ENJOYMENT OF THE LEASED PREMISES.
13. 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.
14. REMEDIES. 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
SUBJECT TO THE PROVISIONS OF THIS SECTION RELATING TO RENT INCREASES THE
SAME AS A MANUFACTURED HOME PARK.
§ 3. Severability. 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. Nothing provided herein shall prohibit a county from enacting
more stringent standards for a lease-hold retirement community than are
established in section one of this act.
§ 5. 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.