[Adopted 12-19-2006 by L.L. No. 1-2007 (Ch. 383, Art. I, of
the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
HOMEOWNER
One who holds title or the bill of sale to a home.
PLANNED RETIREMENT COMMUNITY
A contiguous parcel of privately owned real property on which
200 or more lots are leased to owners of year-round homes erected
thereon and affixed thereto wherein the permanent occupation is restricted
to tenants 55 years of age or older. This term shall not include mobile
homes, manufactured homes, or condominiums as defined in the New York
Real Property Law or real property owned by a corporation formed pursuant
to the New York Cooperative Corporations Law.
TENANT
One who occupies a home in a planned retirement community.
No planned retirement community owner or operator shall:
A. Require a homeowner or tenant to purchase goods or services from
said planned retirement community owner or operator, or from any vendor
designated by said community owner or operator.
B. Restrict the installation, maintenance or repair of any property
of the homeowner or tenant to specific vendors, including, but not
limited to, employees, agents or other persons acting for or on behalf
of the planned retirement community owner or operator.
C. Charge a fee or impose other charges on a homeowner or tenant who
chooses to install any property, including appliances and/or fixtures.
D. Impose any charge for or restrict the ingress to or egress from the
planned retirement community of any person employed, retained, or
invited by the homeowner or tenant, whether to provide a commodity
or service or otherwise.
E. Restrict the purchase and/or installation of any commodities, goods
or services by the homeowner or tenant to specific vendors, including
employees, agents or other persons acting for or on behalf of the
planned retirement community owner or operator.
F. Restrict the making of any interior installation, furnishing or improvement
to the planned retirement community home, so long as such installation,
furnishing or improvement is in compliance with applicable building
codes and other provisions of law.
G. Pass on the costs of fines, penalties or damages assessed against
the planned retirement community owner or operator as a result of
violation(s) of any provision of this chapter by increasing the rents,
charges or fees of homeowners in the planned retirement community.
[Added 6-5-2012 by L.L. No. 41-2012]
[Amended 5-13-2008 by L.L. No. 20-2008]
A. No planned retirement community owner or operator may threaten reprisal,
overtly or covertly, against any of the homeowners or tenants as a
result of their lawful pursuits and activities.
B. No planned retirement community owner or operator may request or
demand that a homeowner or tenant waive his or her rights under this
article. Any waiver by a homeowner or tenant of his or her rights
under this article shall be deemed null and void as contrary to public
policy.
[Amended 5-12-2009 by L.L. No. 15-2009]
A. No planned 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 planned retirement community shall
intentionally or willfully fail to furnish such services or otherwise
interfere with a quiet enjoyment of the leased premises.
B. Planned retirement community owners or operators must provide every
homeowner or tenant, by December 1 of each year, the annual base residency
charge for the coming year along with an itemized accounting of how
those charges were calculated based on a stated overall cost for providing
services and maintenance for the community in its entirety.
Upon receipt of rent, fees, charges or other assessments, in
the form of cash or any instrument other than the personal check of
the tenant, it shall be the duty of the planned retirement community
owner or operator to provide the payor with a written receipt containing
the following:
C. The identity of the premises and the period for which paid; and
D. The signature and title of the person receiving payment.
This article shall apply to sales, actions, or leases involving
planned retirement community homes occurring or entered into after
the effective date of this article.
[Adopted 12-15-2009 by L.L. No. 45-2009 (Ch. 383, Art. II,
of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
HOMEOWNER
One who holds title or the bill of sale to a home.
PLANNED RETIREMENT COMMUNITY
A contiguous parcel of privately owned real property on which
200 or more lots are leased to owners of year-round homes erected
thereon and affixed thereto wherein the permanent occupation is restricted
to tenants 55 years of age or older. This term shall not include mobile
homes, manufactured homes, or condominiums as defined in the New York
Real Property Law or real property owned by a corporation formed pursuant
to the New York Cooperative Corporations Law.
TENANT
One who occupies a home in a planned retirement community.
No person shall deny or abridge the right of a homeowner or
tenant to organize a homeowners' or tenants' association
or to assemble within a planned retirement community.
Except as set forth in §
656-19C for violations of that section, the following penalties shall apply to violations of this article:
A. Any planned retirement community owner or operator who unlawfully
violates a provision of this article shall be guilty of a misdemeanor
punishable by a fine not to exceed $500 and/or imprisonment not to
exceed six months.
B. Any planned retirement community homeowner or tenant injured or damaged
in whole or in part as a result of a violation of any of the provisions
of this article may bring an action for recovery of damages in an
amount not to exceed three times the actual damages or $500, whichever
is greater, plus reasonable attorneys fees. 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.
C. The Suffolk County Attorney may commence an action to restrain, prevent,
and/or enjoin a violation of this article or a continuance of such
violation of this article or a continuance of such violation by a
planned retirement community owner or operator.
This article shall apply to sales, actions, or leases involving
planned retirement community homes occurring or entered into after
the effective date of this article.
This article shall take effect on the 90th day immediately subsequent
to filing in the Office of the Secretary of State.