N.Y. General Business Law § 654-a: Cancellation of membership camping contracts

§ 654-a. Cancellation of membership camping contracts. 1. For the

purposes of this section the following terms shall have the following

meanings:

a. "adult care facility" shall have the same meaning as such term is

defined in subdivision twenty-one of section two of the social services

law, provided, however, that for the purposes of this section the term

"adult care facility" shall not include a shelter for adults;

b. "domestic partner" shall have the same meaning as such term is

defined in subdivision seven of section twenty-nine hundred

ninety-four-a of the public health law.

c. "residential health care facility" shall have the same meaning as

such term is defined in subdivision three of section twenty-eight

hundred one of the public health law; and

d. "shelter for adults" shall have the same meaning as such term is

defined in subdivision twenty-three of section two of the social

services law.

2. a. Upon the expiration of the cancellation period provided under

section six hundred fifty-four of this article, a purchaser of a

membership camping contract shall have the right to cancel such contract

under the following conditions:

(1) there is a material breach of contract by the membership

campground operator to provide the essential services and programs as

set forth and in the manner provided in the membership camping contract.

A natural disaster or phenomena, failure or shortage of electric power

or other source of energy, unauthorized or illegal acts, labor strikes

or disputes disrupting operations, or governmental, judicial, or law

enforcement actions shall not be a basis for cancellation, unless the

membership campground operator fails to diligently restore such services

and programs within a reasonable period of time; or

(2) the purchaser has relocated to a permanent residence not less than

five hundred miles from the campground or the location of any other

campground available to the purchaser pursuant to one or more reciprocal

programs outlined in the membership camping contract; or

(3) the purchaser, or the purchaser's spouse or domestic partner

currently resides in or is notified of and accepts the opportunity to

commence occupancy in an adult care facility or a residential health

care facility and the purchaser provides a copy of such notification or

proof of residency to the operator; or

(4) the purchaser or the purchaser's spouse or domestic partner

receives a written certification from a physician stating that the

purchaser or the purchaser's spouse or domestic partner is bedridden,

housebound, or similarly physically unable due to ailment or injury to

visit the campground and materially utilize any of the services and

programs as outlined in the membership camping contract, and such

condition is not expected to be temporary. The purchaser must provide a

copy of such certification to the operator; or

(5) the purchaser of a contract signed by more than one purchaser

provides to the operator a copy of any of the following, within six

months of its issuance, involving domestic violence by another signatory

of the same contract: (A) a valid domestic violence incident report form

as such term is defined in subdivision fifteen of section eight hundred

thirty-seven of the executive law; (B) a valid police report; (C) a

valid order of protection; or (D) a signed affidavit from a licensed

medical or mental health care provider, employee of a court acting

within the scope of his or her employment, social worker, a rape crisis

counselor as defined in section forty-five hundred ten of the civil

practice law and rules, or advocate acting on behalf of an agency that

assists domestic violence victims. Paragraph d of this subdivision shall

not apply to a purchaser canceling under this subparagraph. A claim for

termination under this subparagraph shall be made in good faith.

Termination under this subparagraph shall require, and the provision of

any of the items in (A) through (D) of this subparagraph, for the

purposes of this subparagraph, shall be presumptive evidence of the

continued existence of a substantial risk of physical or emotional harm

to the purchaser or purchaser's child.

b. When a purchaser cancels a contract pursuant to this subdivision

such purchaser shall be required to have paid the purchase price of his

or her membership in full, as well as all outstanding fees, dues, or any

other payments due at the time of cancellation and for ninety days

thereafter. However, if all of the purchasers who signed the contract

die, the relevant estate or estates shall be relieved of any further

obligation under the contract not then due and owing.

c. Written notification of the intent to cancel a membership

campground contract shall be signed by the purchaser or his or her

legally designated representative and delivered to the operator by

certified mail duly addressed to the operator. Such notification shall

include a written statement that certifies that the representations are

true and correct, and contain no material omissions of fact to the best

knowledge and belief of the person submitting the certification.

d. In the event that the membership campground contract is signed by

more than one purchaser, and one or more purchasers meet the

requirements to cancel pursuant to this subdivision, every purchaser

under the contract shall have the right to cancel the contract provided

the other purchaser or purchasers so notify the operator by signing and

delivering, at the same time, the same cancellation notice required by

paragraph c of this subdivision signed by the purchaser or purchasers

meeting the cancellation requirements, in which case all such purchaser

or purchasers who sign the cancellation notice shall be relieved of any

further obligation under the contract except for those obligations

outlined in paragraph b of this subdivision.