New York Laws
Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program
4671 - Civil Action.

§ 4671. 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 fifty-seven and forty-six hundred fifty-eight 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.

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