Assembly Bill A4955B

2023-2024 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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A4955 - Details

See Senate Version of this Bill:
S7437
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-b, amd §233-b, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2136
2013-2014: A4769
2015-2016: A6268
2017-2018: A3145
2019-2020: A6364
2021-2022: A9213

2023-A4955 - 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.

2023-A4955 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4955
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Housing
 
 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.
                                                            LBD02016-01-3
 A. 4955                             2
              

co-Sponsors

2023-A4955A - Details

See Senate Version of this Bill:
S7437
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-b, amd §233-b, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2136
2013-2014: A4769
2015-2016: A6268
2017-2018: A3145
2019-2020: A6364
2021-2022: A9213

2023-A4955A - 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.

2023-A4955A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4955--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred to the Committee
   on Housing -- 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  MANUFACTURED
 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.
   (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.
                                                            LBD02016-03-3
 A. 4955--A                          2
              

co-Sponsors

2023-A4955B (ACTIVE) - Details

See Senate Version of this Bill:
S7437
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-b, amd §233-b, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2136
2013-2014: A4769
2015-2016: A6268
2017-2018: A3145
2019-2020: A6364
2021-2022: A9213

2023-A4955B (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.

2023-A4955B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4955--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced by M. of A. THIELE, L. ROSENTHAL -- read once and referred to
   the  Committee  on  Housing  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  and  referred  to  the  Committee  on  Codes -- reported and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 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 MANUFACTURED
 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.
   (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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02016-05-3
 A. 4955--B                          2
              

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