2013 New York Consolidated Laws
PBH - Public Health
Article 46 - (4600 - 4624) CONTINUING CARE RETIREMENT COMMUNITIES
4609 - Withdrawal, death or dismissal of person; refund.

 
    §  4609. 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 cancelled 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 must 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.