2013 New York Consolidated Laws
PBH - Public Health
Article 46-A - (4650 - 4676) FEE-FOR-SERVICE CONTINUING CARE RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM
4660 - Withdrawal, death or dismissal of person; refund.

 
    * §  4660.  Withdrawal,  death or dismissal of person; refund. 1. Upon
  the giving of written notice of cancellation by  certified  mail  of  at
  least  thirty  days,  the contract may be canceled by a resident for any
  reason, or by an operator if  the  applicant  has  willfully  mismanaged
  assets  needed  to  pay  monthly  care  fees.  A  resident  shall not be
  discharged for inability to pay the monthly fee except where  a  showing
  of  the  willful mismanagement of assets needed to pay monthly care fees
  has been made.
    2. If the notice required by subdivision one of this section is  given
  within  the first ninety days of occupancy, the resident shall receive a
  refund of not less than the entry fee and any  other  pre-payments  less
  the actual cost of any services actually provided and the actual cost of
  refurbishing  the  unit  for  resale.  After  the  first  ninety days of
  occupancy, any refund shall be not less than the  entrance  fee,  except
  that  the  operator  may  retain  no  more than two percent per month of
  occupancy by the resident of such fee and no more than  a  four  percent
  fee for processing.
    3.  Refunds  upon death will be made on the same basis as refunds upon
  withdrawal.
    4. Any refund made pursuant to this section shall  be  paid  no  later
  than  thirty  days after the formerly occupied unit has been resold, but
  in no event later than one year after the  formerly  occupied  unit  has
  been vacated.
    * NB There are 2 § 4660's