N.Y. Not-for-Profit Corporation Law § 1510: Cemetery duties

§ 1510. Cemetery duties.

(a) Posting and distribution of rules, regulations, charges and

prices. The rules, regulations, charges, and prices of goods, lots,

plots or parts thereof shall be suitably printed and shall be

conspicuously posted by the corporation in each of its offices, if any,

and conspicuously displayed on any website the corporation maintains or

through which it conducts business. A printed copy of charges and prices

of goods, lots, plots or parts thereof shall be made available upon

request by any person for up to the actual price of the printing of the

copy. For each day in which the corporation fails to post or display the

rules, regulations, charges and prices the corporation shall be subject

to a penalty of twenty-five dollars which may be recovered in a civil

action by the cemetery board. For each instance in which the corporation

fails to make available a copy of the prices of goods, lots, plots, or

parts thereof, to a person who requests such copy, the corporation shall

be subject to a penalty of twenty-five dollars which may be recovered in

a civil action by the cemetery board. The cemetery board may waive the

payment of the penalty or any part thereof.

(b) Surveys and maps of cemetery. (1) Every cemetery corporation, from

time to time, as land in its cemetery may be required for burial

purposes, shall survey and subdivide such lands and make and file in the

office of the corporation a map thereof, open to public inspection,

delineating the lots or plots, avenues, paths, alleys and walks and

their respective designations; a true copy thereof shall upon its

written request, be filed with the cemetery board. Any unsold lots,

plots or parts thereof, in which there are no remains, by order of the

directors, may be resurveyed and altered in shape or size, and properly

designated on such map. (2) Every cemetery corporation shall provide

reasonable access to every lot, plot and grave. This provision shall not

be applicable where on September first, nineteen hundred forty-nine such

access cannot be provided without the disinterment of a body or bodies.

A cemetery corporation shall not permit or allow a body to be interred

hereafter in a path, alley, avenue or walk shown on the cemetery maps or

actually in existence. Nothing herein contained, however, shall prevent

a cemetery corporation in special cases from enlarging a lot by selling

to the owner thereof the access space next to such lot, and permitting

interments therein, provided reasonable access to such lot and to

adjoining lots is not thereby eliminated, and provided the approval of

the cemetery board shall have first been obtained.

(c) Record of burials, natural organic reductions or cremations. A

record shall be kept of every burial in the cemetery of a cemetery

corporation, showing the date of burial, the name, age, and place of

birth of the person buried, when these particulars can be conveniently

obtained, and the lot, plot, or part thereof, in which such burial was

made. A copy of such record, duly certified by the secretary of such

corporation, shall be furnished on demand and payment of such fees

therefor as are allowed the county clerk for certified copies of

records. Notwithstanding any other provision of this section, all

cemetery corporations which conduct cremations or natural organic

reductions shall maintain permanent records of the name of the deceased

human being, the funeral home from which the remains were received, the

receipt of delivery of the deceased human remains, the authorizing agent

for the cremation or natural organic reduction, and the manner of

disposition of the remains. Such records may be reviewed by the division

of cemeteries at any time.

(d) When burial not to be refused. No cemetery corporation shall

refuse or deny the right of burial and the privileges incidental thereto

in any lot, plot or part thereof to those otherwise lawfully entitled to

be buried therein, for any reason except for the non-payment of

interment charges and the purchase price of the lot, plot or part

thereof, in accordance with the terms of the contract of purchase or

except as provided in subdivision (f) of section fifteen hundred nine of

this article.

(e) Removals. A body interred in a lot in a cemetery owned or operated

by a corporation incorporated by or under a general or special law may

be removed therefrom, with the consent of the corporation, and the

written consent of the owners of the lot, and of the surviving wife,

husband, children, if of full age, and parents of the deceased. If the

consent of any such person or of the corporation can not be obtained,

permission by the county court of the county, or by the supreme court in

the district, where the cemetery is situated, shall be sufficient.

Notice of application for such permission must be given, at least eight

days prior thereto, personally, or, at least sixteen days prior thereto,

by mail, to the corporation or to the persons not consenting, and to

every other person or corporation on whom service of notice may be

required by the court.

(f) Expenses of improving vacant lot. Whenever a person having a lot

in a cemetery shall vacate the same by a removal of all the bodies

therefrom, and leave such lot in an unsightly condition for one month,

the corporation may grade, cut, fill or otherwise change the surface

thereof, without reducing the area of the lot. The expense, not

exceeding ten dollars, shall be chargeable to the lot. If the owners of

such lot, within six months after such expense has been incurred, shall

not repay such expense, the corporation may sell the lot at public

auction upon the cemetery grounds, previous notice of such sale having

been posted at the main entrance of the cemetery, and mailed to the

owners of such lot at their last-known post office address, at least ten

days prior to the day of sale, and shall pay the surplus, if any, on

demand to the owners of such lot.

(g) Removal or correction of dangerous conditions in cemetery lots.

Any plant life, fencing or embellishment or structure other than a

mausoleum, monument or mound, in a lot, plot or part thereof which

becomes so worn, neglected, broken or deteriorated that its continued

existence is a danger to persons or property within the cemetery grounds

may be removed, repaired or corrected by the cemetery corporation at its

own cost and expense, provided it first gives not less than fifteen days

notice by registered or certified mail to the last known owner at his

last known address to repair or remove such object and the said owner

shall fail to repair or remove the object within the time provided in

said notice. In the event of such removal, correction or repair by the

cemetery corporation it shall, within twenty days thereafter, notify the

lot owner, by registered or certified mail addressed to him at his last

known address, of the action taken by the cemetery corporation. Nothing

herein contained shall be construed to affect, supersede or impair any

contract, rule or regulation duly approved by the cemetery board, or

right or obligation of the cemetery corporation, nor shall it be

construed as placing any legal duty or obligation to exercise any right

authorized by this subdivision.

(h) Repair or notice as to non-dangerous damage or defacement. Except

as otherwise provided by rule or regulation of the cemetery board

pursuant to subparagraph two-a of paragraph (c) of section fifteen

hundred four of this article, in the event a lot, plot or part thereof

is substantially damaged or defaced which does not present a dangerous

condition to persons or property, or in the event a mausoleum, monument

or mound in a lot, plot or part thereof is substantially damaged or

defaced, and the correction of such condition is not subject to the

provisions of paragraph (g) of this section or section fifteen hundred

ten-a of this article, the cemetery corporation within thirty days of

the discovery of this condition may at its own cost and expense repair

the damage or defacement, or if it determines not to do so, the

corporation shall within such thirty day period notify the owner, his or

her distributee or the person filing an affidavit with such corporation

pursuant to the provisions of paragraph (e) of section fifteen hundred

twelve of this article of such condition at the last address of such

owner, distributee or person appearing on the books and records of the

corporation. The notice shall be sent by first class mail and a

certificate of mailing shall be obtained. Nothing herein contained shall

be construed as establishing any right of damages not otherwise provided

by law, rule or contract in any person against the cemetery corporation

for failure to repair any condition described or give notice thereof as

provided for in this paragraph.

(i) Record of inscriptions to be filed. Whenever, under any general or

special law, any cemetery is abandoned or is taken for a public use, the

town board of the town or the governing body of the city in which such

cemetery is located, shall cause to be made, at the time of the removal

of the bodies interred therein, an exact copy of all inscriptions on

each headstone, monument, slab or marker erected on each lot or plot in

such cemetery and shall cause the same to be duly certified and shall

file one copy thereof in the office of the town or city clerk of the

town or city in which such cemetery was located and one copy in the

office of the state historian and chief of the division of history in

the department of education at Albany. In addition to such inscriptions,

such certificate shall state the name and location of the cemetery so

abandoned or taken for a public use, the cemetery in which each such

body was so interred and the disposition of each such headstone,

monument, slab or marker.

(j) Grave markers. No cemetery corporation, which provides for the

burial of persons of the Jewish faith, shall promulgate any rule or

regulation prohibiting the use of cement beds as a means of demarcating

a specific grave area. Such cemetery corporations shall provide this

service to all persons of the Jewish faith requesting this method of

marking a grave when such grave area is provided through the agency of a

membership or religious corporation or unincorporated association or

society which provides burial benefits for the members. Subject to the

rules and regulations promulgated by the cemetery board, such cemetery

corporations shall establish the schedule of charges to be assessed for

installation and maintenance of cement beds. The schedule of charges

shall be filed with and approved by the cemetery board. Such regulation

may require the payment of the cost of perpetual care as a condition to

such installation and maintenance. The charges assessed shall be paid by

the person requesting the service. The provisions of this paragraph

shall only be applicable within the counties contained within the first,

second, tenth and eleventh judicial districts as such districts are

arranged pursuant to section one hundred forty of the judiciary law.

(k) Notice and restoration as to damage and defacement due to

vandalism. In the event a monument is damaged or defaced by an act of

vandalism, the cemetery corporation shall, within thirty days of the

discovery of such damage, notify the owner, his distributee or the

person filing an affidavit with such corporation pursuant to the

provisions of paragraph one of subdivision (e) of section fifteen

hundred twelve of this article of such damage in the manner provided in

subdivision (h) of this section. The cost and expense of such notice may

be provided from the fund where such fund exists. If a fund has been

established, the cemetery corporation shall restore the monument with

moneys from such fund. If such a fund has not been established or where

such fund is inadequate to restore the monument, the cemetery

corporation may restore such monument at its own cost and expense.

Nothing herein contained shall be construed as establishing any right of

damages not otherwise provided by law, rule or contract in any person

against the cemetery corporation for failure to restore any monument if

no monument maintenance fund exists or if such fund is inadequate to

restore such monument.

(l) Removal of monument. No person or organization shall remove a

monument without authorization in the form of a court order from a court

of competent jurisdiction, or without the written authorization of the

owner of a burial plot, or the lineal descendants of the deceased, if

such owner or lineal descendants are known, and without obtaining

written approval from a duly incorporated cemetery association, which

association shall keep a record of all such written approvals. The

provisions of this section shall not prohibit the removal, in accordance

with rules and regulations promulgated by the secretary of state, of a

monument for the purpose of repair, nonpayment or adding inscriptions as

authorized by a cemetery association or as permitted in this article. A

violation of any provision of this paragraph shall be punishable by a

fine not to exceed five hundred dollars.

(m) Use of construction and demolition debris for burial. No cemetery

corporation or religious corporation having charge and control of a

cemetery which heretofore has been or which hereafter may be used for

burials, shall use construction and demolition debris, as that term is

defined in 6 NYCRR 360-1.2, for the purpose of burying human remains.

(n) Interment of pet cremated remains. The interment of pet cremated

remains in a cemetery corporation shall be available to a lot owner only

in those circumstances where the interment is incidental to the burial

of human remains and where authorization has been provided in a written

statement from the cemetery corporation. The cemetery corporation shall

provide a list of approved charges for the interment of such remains.

All payments received for interment of such remains shall be deposited

in the cemetery corporation's permanent maintenance fund. Pet cremated

remains must be disposed of by placing them in a grave, crypt, or niche.

Nothing in this section shall obligate a cemetery corporation to allow

interment of such cremated pet remains where prior approval at the time

of sale or in advance of need has not been received. The provisions of

this section shall not apply to an incorporated or unincorporated

cemetery operated, supervised or controlled by a religious corporation

or a lot, plot or part thereof whose record owner is an incorporated or

unincorporated religious association or society.

(o) Posting and distribution of the New York state cemetery disclosure

form. (1) New York state cemetery disclosure forms shall be created by

the state cemetery board and shall be posted on the website of the

division of cemeteries in the department of state. Copies of such forms

shall be suitably printed by the cemetery corporation and conspicuously

displayed in each of its offices, if any, so that all persons visiting

such place may readily see the form and inspect its contents. Physical

copies of the forms shall be made available to any person inquiring

about cemetery lots, goods, or services. A corporation may offer a

customer the option of receiving the forms through the use of a quick

response (QR) code in lieu of receiving a paper copy.

(2) The New York state cemetery disclosure forms shall be in the form

and manner as prescribed by the state cemetery board, shall include the

contact information of the New York department of state division of

cemeteries, and shall contain an explanation of the rights of lot owners

and family members including, but not be limited to, the following:

(A) a website address, and a hyperlink in the case of electronic

copies, for information about the regulation of cemeteries in New York,

the New York department of state division of cemeteries and the state

cemetery board, and a description of those types of cemeteries that are

not regulated by the state cemetery board;

(B) the process of purchasing and re-selling a burial lot, plot or

part thereof;

(C) the right to interment and disposition options;

(D) inheritance rights of a burial lot, plot or part thereof;

(E) a listing of reasons that interment may be denied;

(F) the requirements in regards to the use of outer enclosures;

(G) the rights of lot owners as members of the cemetery corporation;

(H) cemeteries' duties regarding charges, prices, rules, and

regulations;

(I) the right to make burial arrangements and provide for

memorialization; and

(J) any other information deemed appropriate.

(3) The state cemetery board may, from time to time, update and amend

the New York state cemetery disclosure form as it deems necessary.