§ 4660 — Withdrawal, death or dismissal of person; refund

New York § 4660

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 46-A: Fee-for-service Continuing Care Retirement Communities Demonstration Program

Text

* § 4660. Withdrawal, death or dismissal of person; refund. 1. Upon\nthe giving of written notice of cancellation by certified mail of at\nleast thirty days, the contract may be canceled by a resident for any\nreason, or by an operator if the applicant has willfully mismanaged\nassets needed to pay monthly care fees. A resident shall not be\ndischarged for inability to pay the monthly fee except where a showing\nof the willful mismanagement of assets needed to pay monthly care fees\nhas 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 shall be paid no later\nthan thirty days after the formerly occupied unit has been resold, but\nin no event later than one year after the formerly occupied unit has\nbeen vacated.\n * NB There are 2 § 4660's\n