§ 654-A — Cancellation of membership camping contracts

New York § 654-A

• Jurisdiction: New York
• Law GBS: General Business
• Art. 31: Membership Campgrounds

Text

§ 654-a. Cancellation of membership camping contracts. 1. For the\npurposes of this section the following terms shall have the following\nmeanings:\n a. "adult care facility" shall have the same meaning as such term is\ndefined in subdivision twenty-one of section two of the social services\nlaw, provided, however, that for the purposes of this section the term\n"adult care facility" shall not include a shelter for adults;\n b. "domestic partner" shall have the same meaning as such term is\ndefined in subdivision seven of section twenty-nine hundred\nninety-four-a of the public health law.\n c. "residential health care facility" shall have the same meaning as\nsuch term is defined in subdivision three of section twenty-eight\nhundred one of the public health law; and\n d. "shelter for adults" shall have the same meaning as such term is\ndefined in subdivision twenty-three of section two of the social\nservices law.\n 2. a. Upon the expiration of the cancellation period provided under\nsection six hundred fifty-four of this article, a purchaser of a\nmembership camping contract shall have the right to cancel such contract\nunder the following conditions:\n (1) there is a material breach of contract by the membership\ncampground operator to provide the essential services and programs as\nset forth and in the manner provided in the membership camping contract.\nA natural disaster or phenomena, failure or shortage of electric power\nor other source of energy, unauthorized or illegal acts, labor strikes\nor disputes disrupting operations, or governmental, judicial, or law\nenforcement actions shall not be a basis for cancellation, unless the\nmembership campground operator fails to diligently restore such services\nand programs within a reasonable period of time; or\n (2) the purchaser has relocated to a permanent residence not less than\nfive hundred miles from the campground or the location of any other\ncampground available to the purchaser pursuant to one or more reciprocal\nprograms outlined in the membership camping contract; or\n (3) the purchaser, or the purchaser's spouse or domestic partner\ncurrently resides in or is notified of and accepts the opportunity to\ncommence occupancy in an adult care facility or a residential health\ncare facility and the purchaser provides a copy of such notification or\nproof of residency to the operator; or\n (4) the purchaser or the purchaser's spouse or domestic partner\nreceives a written certification from a physician stating that the\npurchaser or the purchaser's spouse or domestic partner is bedridden,\nhousebound, or similarly physically unable due to ailment or injury to\nvisit the campground and materially utilize any of the services and\nprograms as outlined in the membership camping contract, and such\ncondition is not expected to be temporary. The purchaser must provide a\ncopy of such certification to the operator; or\n (5) the purchaser of a contract signed by more than one purchaser\nprovides to the operator a copy of any of the following, within six\nmonths of its issuance, involving domestic violence by another signatory\nof the same contract: (A) a valid domestic violence incident report form\nas such term is defined in subdivision fifteen of section eight hundred\nthirty-seven of the executive law; (B) a valid police report; (C) a\nvalid order of protection; or (D) a signed affidavit from a licensed\nmedical or mental health care provider, employee of a court acting\nwithin the scope of his or her employment, social worker, a rape crisis\ncounselor as defined in section forty-five hundred ten of the civil\npractice law and rules, or advocate acting on behalf of an agency that\nassists domestic violence victims. Paragraph d of this subdivision shall\nnot apply to a purchaser canceling under this subparagraph. A claim for\ntermination under this subparagraph shall be made in good faith.\nTermination under this subparagraph shall require, and the provision of\nany of the items in (A) through (D) of this subparagraph, for the\npurposes of this subparagraph, shall be presumptive evidence of the\ncontinued existence of a substantial risk of physical or emotional harm\nto the purchaser or purchaser's child.\n b. When a purchaser cancels a contract pursuant to this subdivision\nsuch purchaser shall be required to have paid the purchase price of his\nor her membership in full, as well as all outstanding fees, dues, or any\nother payments due at the time of cancellation and for ninety days\nthereafter. However, if all of the purchasers who signed the contract\ndie, the relevant estate or estates shall be relieved of any further\nobligation under the contract not then due and owing.\n c. Written notification of the intent to cancel a membership\ncampground contract shall be signed by the purchaser or his or her\nlegally designated representative and delivered to the operator by\ncertified mail duly addressed to the operator. Such notification shall\ninclude a written statement that certifies that the representations are\ntrue and correct, and contain no material omissions of fact to the best\nknowledge and belief of the person submitting the certification.\n d. In the event that the membership campground contract is signed by\nmore than one purchaser, and one or more purchasers meet the\nrequirements to cancel pursuant to this subdivision, every purchaser\nunder the contract shall have the right to cancel the contract provided\nthe other purchaser or purchasers so notify the operator by signing and\ndelivering, at the same time, the same cancellation notice required by\nparagraph c of this subdivision signed by the purchaser or purchasers\nmeeting the cancellation requirements, in which case all such purchaser\nor purchasers who sign the cancellation notice shall be relieved of any\nfurther obligation under the contract except for those obligations\noutlined in paragraph b of this subdivision.\n