§ 4609 — Withdrawal, death or dismissal of person; refund

New York § 4609

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 46: Continuing Care Retirement Communities

Text

§ 4609. Withdrawal, death or dismissal of person; refund. 1. Upon the\ngiving of written notice of cancellation by certified mail of at least\nthirty days, the contract may be cancelled by a resident for any reason,\nor by an operator if the applicant has willfully mismanaged assets\nneeded to pay monthly care fees. A resident shall not be discharged for\ninability to pay the monthly fee except where a showing of the willful\nmismanagement of assets needed to pay monthly care fees has been made.\n 2. If the notice required by subdivision one of this section is given\nwithin the first ninety days of occupancy, the resident shall receive a\nrefund of not less than the entry fee and any other pre-payments less\nthe actual cost of any services actually provided and the actual cost of\nrefurbishing the unit for resale. After the first ninety days of\noccupancy, any refund shall be not less than the entrance fee, except\nthat the operator may retain no more than two percent per month of\noccupancy by the resident of such fee and no more than a four percent\nfee for processing.\n 3. Refunds upon death will be made on the same basis as refunds upon\nwithdrawal.\n 4. Any refund made pursuant to this section must be paid no later than\nthirty days after the formerly occupied unit has been resold, but in no\nevent later than one year after the formerly occupied unit has been\nvacated.\n