New York S 3650: Defines lease-hold retirement community and proscribes rules and regulations for ownership and operation thereof

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S03650 Summary:

BILL NOS03650 

&nbsp

SAME ASNo Same As

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SPONSORMURRAY

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COSPNSR

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MLTSPNSR

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Add §238-b, amd §233-b, RP L

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Sets up rules and regulations for the operation of lease-hold retirement communities to provide adequate housing for senior citizens wishing to retire and locate in a lease-hold retirement community; grants owners of homes in lease-hold retirement communities the right to sell their homes by methods common to sales of residential property; requires that owners of lease-hold retirement communities offer owners of homes the option to sign a long-term ninety-nine year lease.

Go to top S03650 Actions:

BILL NOS03650 

&nbsp

01/29/2025REFERRED TO JUDICIARY

04/15/2025RECOMMIT, ENACTING CLAUSE STRICKEN

Go to topS03650 Committee&nbspVotes:

Go to topS03650 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03650 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3650

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 Introduced by Sen. MURRAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to lease-hold retire-
 ment communities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The real property law is amended by adding a new section
 2 238-b to read as follows:
 3 § 238-b. Lease-hold retirement community. 1. Definitions. As used in
 4 this section:
 5 (a) A "lease-hold retirement community" shall mean a contiguous parcel
 6 of privately owned real property containing two hundred or more lots
 7 which are leased to owners of year-round homes erected thereon and
 8 affixed thereto wherein the occupation is restricted to individuals
 9 based on age pursuant to paragraph (h) of subdivision three of this
 10 section.
 11 A "lease-hold retirement community" shall not include a manufactured
 12 home park, or condominium, as defined in this chapter, a continuing care
 13 retirement community authorized under article forty-six or forty-six-A
 14 of the public health law, or a cooperative housing corporation.
 15 (b) "Home owner" shall mean one who holds title to a home.
 16 (c) "Tenant" shall mean one who occupies a home in a lease-hold
 17 retirement community for thirty days or more, and whose occupation of
 18 the home in the lease-hold retirement community is known to the lease-
 19 hold retirement community owner or operator.
 20 2. Leases. (a) Any lease-hold retirement community owner or operator
 21 shall offer every home owner the opportunity to sign a long term lease
 22 for ninety-nine years, with an option of the home owner to cancel said
 23 lease on ninety days written notice to said owner or operator.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07554-01-5

 S. 3650 2

 1 (b) A copy of such lease-hold retirement community's rules and regu-
 2 lations, if any, shall be attached to and become a part of the lease
 3 provided for by this section, as if fully set forth therein.
 4 (c) No rules or regulations shall be inconsistent with the lease
 5 provisions in effect at the commencement of such lease.
 6 (d) A copy of the lease shall be delivered by such lease-hold retire-
 7 ment community owner or operator to all home owners or tenants at the
 8 time of the first deposit made payable to said lease-hold retirement
 9 community owner or operator.
 10 3. Rules and regulations. (a) The lease-hold retirement community
 11 owner or operator may promulgate rules or regulations governing the rent
 12 and use or occupation of the home lot, provided that such rules or regu-
 13 lations shall not be unreasonable, arbitrary or capricious.
 14 (b) A copy of all rules and regulations shall be delivered by the
 15 lease-hold retirement community owner or operator to all home owners or
 16 tenants at the time of the first deposit made payable to said lease-hold
 17 retirement community owner or operator.
 18 (c) A copy of all rules and regulations shall be posted in a conspicu-
 19 ous public location upon the grounds of the le