N.Y. Public Health Law § 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.