Defines planned retirement community and proscribes rules and regulations for ownership and operation in Suffolk county

Title of bill

An act to amend the real property law, in relation to planned retirement communities in Suffolk county

Purpose

This legislation would provide protections to retired persons who purchase homes on ground 1 eases. Specifically, the bill would:

1. Call for 99 year leases 2. Require rules and regulations to be given to prospective buyers and attached to lease 3. A presumption that rules and regulations not uniformly enforced are arbitrary and capricious 4. Rules and regulations cannot be changed without the consent of the homeowners and tenants 5. No fees may be added by the retirement community owner in Suffolk County unless approved by three-fourths of the tenants 6. All rent and utilities must be reasonably related to the value of the facility or the services rendered. 7. Rent and utility fees must be fully explained when the deposit is made; failure to do so will result in a failure of the owner to collect them 8. Any increases in rent or utilities must be in conformance with the lease 9. The owner shall not:

-require tenants to purchase goods or services from the owner -require installation and maintenance or repair services to specific vendors. -charge a fee to anyone who installs goods -restrict interior improvements -interfere wit the sale of a home -retaliate against tenants for their lawful pursuits 10. Makes it a misdemeanor to deny utilities to tenants 11. Tenants damaged by a violation of these provisions may bring an action for recovery of damages, plus attorney's fees

Summary of provisions

Section 1-Legislative Intent Section 2-Amends the Real Property Law by adding a new section 238-a. Section 3-Separability Section 4-Effective Date

Justification

This bill would afford to individuals residing in planned retirement communities the same protections as persons who are mobile home owners or multiple dwelling tenants.

Legislative history

2007-08, S.3815; Similar to A.2528 of 2006

Fiscal implications

EFFECTIVE DATE : This act shall take effect October 1 next succeeding the date it shall have become a law and shall apply to sales, actions, or leases involving planned retirement community homes occurring or entered on or after such date.