4673 – Separability.
§ 4673. Separability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this article […]
4651*2 – Definitions.
* § 4651. Definitions. As used in this article: 1. “Assisted living” and “assisted living residence” means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider. […]
4674 – Priority Reservation Agreements; Prior to Obtaining a Certificate of Authority.
§ 4674. Priority reservation agreements; prior to obtaining a certificate of authority. The provisions of this section shall apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation fees, with respect to a proposed fee-for-service continuing care retirement community, prior to obtaining a certificate of […]
4652*2 – General Requirements; Applicability of Laws to Assisted Living.
* § 4652. General requirements; applicability of laws to assisted living. Adult homes and enriched housing programs which possess a valid operating certificate issued pursuant to title two of article seven of the social services law, may call themselves assisted living provided they: 1. file an application for licensure and are approved by the department […]
4675 – Priority Reservation Agreements; After Obtaining a Certificate of Authority.
§ 4675. Priority reservation agreements; after obtaining a certificate of authority. The provisions of this section apply to entities that seek approval to enter into priority reservation agreements and to solicit, collect or receive priority reservation fees, with respect to a fee-for-service continuing care retirement community, after obtaining a certificate of authority under this article. […]
4653*2 – Licensure Procedures and Requirements for Assisted Living.
* § 4653. Licensure procedures and requirements for assisted living. 1. In order to operate as assisted living, an operator shall be licensed as an adult home or enriched housing program and apply and be approved for licensure with the commissioner pursuant to this article. The operator shall provide, on an application form developed by […]
4676 – Industrial Development Agency Financing.
§ 4676. Industrial development agency financing. Fee-for-service continuing care retirement communities developed pursuant to this article shall be eligible for industrial development financing in accordance with section forty-six hundred four-a of this chapter except for paragraphs b and g of subdivision two of such section and financing by any public benefit corporation authorized to make […]
4662 – Entrance Fee Escrow Account.
* § 4662. Entrance fee escrow account. As a condition for approval to advertise and collect refundable entry fees/deposits: 1. The operator shall establish an interest-bearing account with a New York state bank, New York state savings and loan association, or New York state trust company for any entrance fees received by the operator, which […]
4663 – Release of Escrowed Funds to the Operator.
* § 4663. Release of escrowed funds to the operator. Escrowed funds shall not be released to the operator unless: 1. construction or purchase of the community or an approved phase of a community has been substantially completed, an occupancy permit covering the living unit has been issued by the local government having authority to […]
4664 – Asset Reserves.
§ 4664. Asset reserves. An operator shall maintain reserve liabilities and supporting assets in an amount for the purposes set forth in a regulation issued by the commissioner. Liquid assets shall be maintained for the following reserve liabilities: 1. Fifteen percent of the projected annual operating expenses of the facility, exclusive of depreciation. 2. A […]