[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 12-19-2006 by L.L. No. 1-2007 (Ch. 383, Art. I, of
the 1985 Code)]
A.
This Legislature hereby finds and determines that developers in different
parts of the country are selling homes in retirement communities,
in which the purchaser buys and owns the home while the developer
retains ownership of the land on which the home is installed (as well
as the roads, sidewalks and common areas in the communities). The
homeowners in those communities lease the property on which their
home is installed.
B.
This Legislature also finds that there is one example of this type
of development in Suffolk County: Greenwood Village in Manorville,
where approximately 525 homes are located.
C.
This Legislature further finds that the unique nature of this kind
of development, where the purchaser owns a home but is required to
lease the land on which the home is situated, could potentially lead
to abuses that harm the residents of a retirement community.
D.
This Legislature also finds and determines that this type of development
is not governed or regulated under the New York Real Property Law
and, therefore, the residents of those retirement communities are
not afforded the kinds of protection that are extended to mobile home
owners or multiple dwelling tenants.
E.
Therefore, the purpose of this article is to extend to occupants
of homes in planned retirement communities protections similar to
those provided to mobile home owners and multiple dwelling tenants.
As used in this article, the following terms shall have the
meanings indicated:
One who holds title or the bill of sale to a home.
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.
One who occupies a home in a planned retirement community.
A.
Any planned retirement community owner or operator shall offer every
homeowner or tenant the opportunity to sign a long-term lease with
an option of the homeowner or tenant to cancel said lease for reasonable
cause on 90 days' written notice to said owner or operator.
[Amended 5-12-2009 by L.L. No. 15-2009]
B.
A copy of the planned retirement community's rules and regulations,
if any, shall be attached to and become a part of the lease provided
for by this section, as if fully set forth therein, and said rules
and regulations may not be changed, altered, amended or modified without
the written consent of 3/4 of all homeowners or tenants then in residence
with the consent of the planned retirement community owner or operator,
which consent shall not be unreasonably withheld.
[Amended 5-12-2009 by L.L. No. 15-2009]
C.
No rules or regulations shall be inconsistent with the lease provisions
in effect at the commencement of said lease.
D.
A copy of the lease shall be delivered by the planned retirement
community owner or operator to all homeowners or tenants at the time
of the first deposit made payable to said planned retirement community
owner or operator.
A.
The planned 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 regulations shall not be unreasonable,
arbitrary or capricious.
B.
A copy of all rules and regulations shall be delivered by the planned
retirement community owner or operator to all homeowners or tenants
at the time of the first deposit made payable to said planned retirement
community owner or operator.
C.
A copy of all rules and regulations shall be posted in a conspicuous
public location upon the grounds of the planned retirement community.
D.
If a rule or regulation is not applied uniformly to all homeowners
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 planned retirement community owner or operator without the
written consent of 3/4 of the then-residing homeowners or tenants.
[Amended 5-12-2009 by L.L. No. 15-2009]
A.
No planned retirement community homeowner or tenant shall be charged
a fee, charge, or assessment, except for rent and utilities, unless
agreed to by 3/4 of all of the homeowners.
B.
All such charges for rent and utilities must be reasonably related
to the value of the facility available or the services actually rendered.
C.
A planned retirement community owner or operator must fully disclose
all charges for rent and utilities to all homeowners or tenants at
the time of the first deposit made payable to said community owner
or operator.
D.
Failure on the part of the planned retirement community owner or
operator to fully disclose all charges for rent or utilities shall
prevent the community owner or operator from collecting such charges.
E.
No charges for rent or utilities may be increased except as set forth
in the lease.
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]
A.
The homeowner has the right to sell his home in the planned retirement
community without unreasonable, arbitrary restrictions being placed
thereon by the planned retirement community owner or operator.
[Amended 5-12-2009 by L.L. No. 15-2009]
B.
The right to sell a planned retirement community home includes the
incidental right to use any and all methods common to sales of residential
property.
C.
The planned retirement community homeowner's lease agreement
is assignable to subsequent purchasers, without unreasonable or arbitrary
conditions or restrictions by the planned retirement community owner
or operator.
[Amended 5-12-2009 by L.L. No. 15-2009]
D.
The planned 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
homeowner in the sale pursuant to a written contract.
A.
A planned retirement community owner or operator may enter a planned
retirement community home only in case of emergency.
B.
A planned retirement community owner or operator shall designate
an agent on the premises who can be contacted on a twenty-four-hour
basis to ensure the availability of emergency response in matters
affecting the health, safety, well-being, and/or general welfare of
planned retirement community tenants. The designated agent's
name, address and telephone number shall be posted in a conspicuous
public location in the planned retirement community, given in writing
to each tenant, and registered with appropriate municipal law enforcement,
health and fire officials.
[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:
A.
Any planned retirement community owner or operator who unlawfully
violates a provision of this article shall be subject to a fine not
to exceed $500 for each day a violation exists.
[Amended 5-12-2009 by L.L. No. 15-2009]
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, plus
reasonable attorney's 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.
[Amended 5-12-2009 by L.L. No. 15-2009]
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.
[Adopted 12-15-2009 by L.L. No. 45-2009 (Ch. 383, Art. II,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that developers in different
parts of the country are selling homes in "retirement communities,"
in which the purchaser buys and owns the home while the developer
retains ownership of the land on which the home is installed (as well
as the roads, sidewalks and common areas in the communities). The
homeowners in those communities lease the property on which their
home is installed.
B.
This Legislature further finds and recognizes the unique nature of
this kind of development, where the purchaser owns a home but is required
to lease the land on which the home is situated.
C.
This Legislature also finds and determines that this type of development
is not governed or regulated under New York Real Property Law and,
therefore, the residents of those retirement communities are not afforded
the kinds of protection that are extended to mobile home owners or
multiple dwelling tenants.
D.
This Legislature hereby finds and determines that the current provisions
extending the right of first refusal to mobile home owners or tenants
when an owner of a mobile home park offers such park for sale have
proven successful in protecting the interests of mobile home owners
or tenants.
E.
Therefore, the purpose of this article is to extend the right of
first refusal to occupants of homes in planned retirement communities
as is provided to mobile home owners and multiple dwelling tenants.
As used in this article, the following terms shall have the
meanings indicated:
One who holds title or the bill of sale to a home.
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.
One who occupies a home in a planned retirement community.
A.
If the owner of a planned retirement community offers a planned retirement
community for sale or receives a bona fide offer to purchase that
he intends to consider or to respond to with a counteroffer, he shall
deliver written notice of the offer to all homeowners residing within
the planned retirement community within 30 days, stating the price,
terms and conditions of sale. Delivery of such written notice shall
be in person or by certified mail.
B.
The homeowners, by and through a homeowners' association, shall
have a first option to purchase the planned retirement community,
provided that they meet the price, terms and conditions of the planned
retirement community owner within 90 days after the date of delivery
of the notice, unless otherwise agreed. If a contract between the
owner of a planned retirement community and the homeowners' association
is not executed within such ninety-day period, then, unless the owner
of the planned retirement community thereafter elects to offer or
accept an offer to purchase the planned retirement community at a
price lower than the prices specified in the notice to the homeowners,
he has no further obligations under this section.
C.
If the owner of the planned retirement community thereafter elects
to offer or to accept an offer to purchase the planned retirement
community at a price lower than the price specified in the notice
to the homeowners, the homeowners, by and through a homeowners'
association, shall have an additional 30 days to meet the price, terms
and conditions of the owner of the planned retirement community by
executing a contract.
D.
This section shall not apply to:
(1)
Any transfer by gift, devise or operation of law.
(2)
Any transfer by a corporation to an affiliate.
(3)
Any conveyance of an interest in a planned retirement community incidental
to the financing of the planned retirement community.
(4)
Any conveyance resulting from the foreclosure of a mortgage, deed
of trust or other instrument encumbering a planned retirement community
or any deed given in lieu of such foreclosure.
(5)
Any sale or transfer between or among joint tenants or tenants in
common owning a planned retirement community.
(6)
The acquisition of a planned retirement community by a government
entity under its power of eminent domain.
(7)
A planned retirement community that is specifically limited to the
utilization as a planned retirement community through a pertinent
town zoning ordinance.
E.
In the event that the owner of a planned retirement community loses title to the County of Suffolk to the underlying real property for nonpayment of taxes, then the right of first refusal set forth above may be exercised by any homeowner residing within the planned retirement community, by and through a homeowners' association, in accordance with the provisions of this section as if a bona fide offer to purchase had been made to a planned retirement community owner, anything in any other County law, ordinance, resolution, provision of this article or regulation to the contrary notwithstanding, such as but not limited to Chapter 29, Conveyance of Property, Article I of the Suffolk County Code and § A42-3 of the Suffolk County Administrative Code. For the purposes of carrying out the provisions of this subsection, the County of Suffolk, through the County Division of Real Estate, shall be charged with the duties, functions, rights, responsibilities and obligations of a planned retirement community owner.[1]
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.
A.
All rules and regulations governing a planned retirement community
shall be part of any contract of sale offered by the owner(s) of any
planned retirement community.
B.
The owner of a planned retirement community located within the County
of Suffolk shall file with the Commissioner of the Suffolk County
Department of Consumer Affairs a copy of all rules and regulations
governing the planned retirement community, and any amendments to
such rules and regulations, within 30 days of publication.
C.
Rules and regulations already in existence on the effective date
of this section shall be filed with the Commissioner of the Suffolk
County Department of Consumer Affairs within 60 days after this section
takes effect.
D.
Failure to file such rules and regulations with the Commissioner
of the Suffolk County Department of Consumer Affairs shall render
such rules and regulations null, void, unenforceable and without any
force or effect.
A.
An owner of a planned retirement community may not evict a homeowner
or tenant other than for the following reasons:
(1)
The planned retirement community homeowner or tenant has defaulted
in the payment of rent and a proper demand has been made for such
delinquent rent. On tender of payment of such delinquent rent, together
with allowable costs, any action instituted for nonpayment of rent
shall be terminated.
(2)
The home or rented space is used for any illegal trade or business.
(3)
The homeowner or tenant is in violation of a federal, state or local
law or ordinance which may be deemed detrimental to the safety and
welfare of the other persons residing in the planned retirement community.
(4)
The homeowner or tenant or anyone occupying the home is in violation
of any lease, term or lawful rule or regulation established by the
owner of a planned retirement community and has continued in violation,
without attempt to cure, for more than 10 days after the owner of
the planned retirement community has given written notice of such
violation to the homeowner or tenant directing that the homeowner
or tenant correct the violation within 10 days of the receipt of said
notice.
B.
No homeowner or tenant shall be denied a continuance or renewal of
a lease so long as he or she has, during his or her period of occupancy,
complied with the terms of his or her lease and the lawful rules and
regulations of the planned retirement community then in effect.
C.
Any planned retirement community owner or operator who violates this
section shall be subject to a civil penalty of not more than $1,000
for each violation. Each day or a part of a day on which a violation
continues or occurs shall constitute a separate violation.
D.
Enforcement.
(1)
This section shall be enforced by the Suffolk County Department of
Consumer Affairs, the Suffolk County Attorney or by any other governmental
agency or department authorized to secure compliance with the law
by an action in any court of competent jurisdiction for an injunction
to prevent the violation or threatened violation thereof.
(2)
A civil action in the name of the governmental agency may be commenced
to recover a civil penalty in the amounts prescribed by this section.
(3)
A violation or failure to comply with any provision of this section
may be raised as a complete defense, or as counterclaim, by a homeowner
and/or tenant in any action brought by an owner of a planned retirement
community in a court proceeding in Suffolk County.
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.
