ยง 4618. Civil action. Any person who, as or on behalf of an operator,
enters into a contract without having first delivered to the prospective
resident the disclosure statement and annual report required by sections
forty-six hundred six and forty-six hundred seven of this article; or
delivers to the prospective resident a disclosure statement or annual
report that omits a material fact or makes an untrue or misleading
statement of material fact shall be liable to the individual contracting
for services pursuant to such contract for damages and repayment of all
entrance, application, periodic charge, or other fees paid by such
person, less the reasonable cost of care and housing provided until
discovery of the violation or until the violation should reasonably have
been discovered, together with interest, costs, and reasonable
attorney's fees.
Structure New York Laws
Article 46 - Continuing Care Retirement Communities
4600 - Legislative Findings and Purpose.
4602 - Continuing Care Retirement Community Council; Powers and Duties.
4603 - Commissioner; Powers and Duties.
4603-A - Residential Health Care Demonstration Facilities.
4604 - Certificate of Authority Required; Application and Approval.
4605 - Certificate of Authority; Authority of Operator.
4605-A - Certificate of Authority; Authority to Offer Continuing Care at Home Contracts.
4605-B - Certificate of Authority; Limitation on Continuing Care at Home Contracts.
4606 - Initial Disclosure Statement.
4608-A - Continuing Care at Home Requirements.
4609 - Withdrawal, Death or Dismissal of Person; Refund.
4610 - Entrance Fee Escrow Account.
4611 - Reserves and Supporting Assets.
4612 - Residents' Organizations.
4615 - Revocation, Suspension or Annulment of Certificate of Authority.
4616 - Appointment of a Caretaker.
4621 - Priority Reservation Agreements; Prior to Obtaining a Certificate of Authority.
4622 - Priority Reservation Agreements; After Obtaining a Certificate of Authority.
4624 - Continuing Care Retirement Communities Making Assurances Regarding Long Term Care.