New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A08965 Summary:

A08965 Actions:

A08965 Floor Votes:

A08965 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8965
 
                   IN ASSEMBLY
 
                                    January 10, 2012
                                       ___________
 
        Introduced  by  M.  of A. DINOWITZ, REILICH -- read once and referred to
          the Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to cancellation of
          membership camping contracts
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 

     1    Section 1. The general business law is amended by adding a new section
     2  654-a to read as follows:
     3    §  654-a.  Cancellation  of  membership  camping contracts. 1. For the
     4  purposes of this section the following terms shall  have  the  following
     5  meanings:
     6    a.  "adult  care facility" shall have the same meaning as such term is
     7  defined in subdivision twenty-one of section two of the social  services
     8  law,  provided,  however, that for the purposes of this section the term
     9  "adult care facility" shall not include a shelter for adults;
    10    b. "domestic partner" shall have the same  meaning  as  such  term  is
    11  defined   in   subdivision   seven   of   section   twenty-nine  hundred
    12  ninety-four-a of the public health law.

    13    c. "residential health care facility" shall have the same  meaning  as
    14  such  term  is  defined  in  subdivision  three  of section twenty-eight
    15  hundred one of the public health law; and
    16    d. "shelter for adults" shall have the same meaning as  such  term  is
    17  defined  in  subdivision  twenty-three  of  section  two  of  the social
    18  services law.
    19    2. a. Upon the expiration of the cancellation  period  provided  under
    20  section six hundred fifty-four of this article, a purchaser of a member-
    21  ship camping contract shall have the right to cancel such contract under
    22  the following conditions:
    23    (1)  there  is  a  material breach of contract by the membership camp-

    24  ground operator to provide the essential services and  programs  as  set
    25  forth  and in the manner provided in the membership camping contract.  A
    26  natural disaster or phenomena, failure or shortage of electric power  or
    27  other  source  of energy, unauthorized or illegal acts, labor strikes or
    28  disputes disrupting operations,  or  governmental,  judicial,    or  law
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00798-01-1
        A. 8965                             2
 
     1  enforcement  actions  shall  not be a basis for cancellation, unless the

     2  membership campground operator fails to diligently restore such services
     3  and programs within a reasonable period of time; or
     4    (2) the purchaser has relocated to a permanent residence not less than
     5  five  hundred  miles  from  the  campground or the location of any other
     6  campground available to the purchaser pursuant to one or more reciprocal
     7  programs outlined in the membership camping contract; or
     8    (3) the purchaser, or  the  purchaser's  spouse  or  domestic  partner
     9  currently  resides  in  or is notified of and accepts the opportunity to
    10  commence occupancy in an adult care facility  or  a  residential  health
    11  care  facility and the purchaser provides a copy of such notification or
    12  proof of residency to the operator; or

    13    (4) the purchaser  or  the  purchaser's  spouse  or  domestic  partner
    14  receives  a  written  certification  from  a  physician stating that the
    15  purchaser or the purchaser's spouse or domestic  partner  is  bedridden,
    16  housebound,  or  similarly physically unable due to ailment or injury to
    17  visit the campground and materially utilize  any  of  the  services  and
    18  programs as outlined in the membership camping contract, and such condi-
    19  tion  is not expected to be temporary. The purchaser must provide a copy
    20  of such certification to the operator; or
    21    (5) the purchaser of a contract signed  by  more  than  one  purchaser
    22  provides  to  the  operator  a  copy of any of the following, within six

    23  months of its issuance, involving domestic violence by another signatory
    24  of the same contract: (A) a valid domestic violence incident report form
    25  as such term is defined in subdivision fifteen of section eight  hundred
    26  thirty-seven  of  the  executive  law;  (B) a valid police report; (C) a
    27  valid order of protection; or (D) a signed  affidavit  from  a  licensed
    28  medical or mental health care provider, employee of a court acting with-
    29  in  the  scope  of  his  or her employment, social worker, a rape crisis
    30  counselor as defined in section forty-five  hundred  ten  of  the  civil
    31  practice  law  and rules, or advocate acting on behalf of an agency that
    32  assists domestic violence victims. Paragraph d of this subdivision shall

    33  not apply to a purchaser canceling under this subparagraph. A claim  for
    34  termination  under this subparagraph shall be made in good faith. Termi-
    35  nation under this subparagraph shall require, and the provision  of  any
    36  of  the  items in (A) through (D) of this subparagraph, for the purposes
    37  of this subparagraph, shall be presumptive  evidence  of  the  continued
    38  existence  of  a  substantial  risk of physical or emotional harm to the
    39  purchaser or purchaser's child. Provision of any of  the  items  in  (A)
    40  through (D) of this subparagraph shall give the operator, at its option,
    41  the right to investigate and, based on the information contained in such
    42  items,  if  he  or she determines that the safety of campground users or

    43  employees would be endangered by allowing  the  purchaser  that  is  not
    44  exercising his or her rights under this subdivision to remain authorized
    45  to  use  the  campground  facilities, the operator shall provide written
    46  notice of such determination to such purchaser which shall  inform  such
    47  purchaser  of  his  or  her  right to respond in writing to the operator
    48  within thirty days of receipt of such notice.  Upon  expiration  of  the
    49  thirty  day  period,  if  the  operator  reasonably  determines that the
    50  response from the purchaser not exercising his or her rights under  this
    51  subdivision  is insufficient, the operator may terminate the contract of
    52  such purchaser.
    53    b. When a purchaser cancels a contract pursuant  to  this  subdivision

    54  such  purchaser shall be required to have paid the purchase price of his
    55  or her membership in full, as well as all outstanding fees, dues, or any
    56  other payments due at the time of cancellation and for ninety days ther-
        A. 8965                             3
 
     1  eafter.  However, if all of the purchasers who signed the contract  die,
     2  the  relevant  estate  or estates shall be relieved of any further obli-
     3  gation under the contract not then due and owing.
     4    c.  Written  notification  of  the intent to cancel a membership camp-
     5  ground contract shall be signed by the purchaser or his or  her  legally
     6  designated  representative  and  delivered  to the operator by certified

     7  mail duly addressed to the operator. Such notification shall  include  a
     8  written  statement  that certifies that the representations are true and
     9  correct, and contain no material omissions of fact to the best knowledge
    10  and belief of the person submitting the certification.
    11    d. In the event that the membership campground contract is  signed  by
    12  more  than  one  purchaser, and one or more purchasers meet the require-
    13  ments to cancel pursuant to this subdivision, every purchaser under  the
    14  contract  shall have the right to cancel the contract provided the other
    15  purchaser or purchasers so notify the operator by signing  and  deliver-
    16  ing,  at  the  same time, the same cancellation notice required by para-

    17  graph c of this subdivision signed by the purchaser or purchasers  meet-
    18  ing  the  cancellation requirements, in which case all such purchaser or
    19  purchasers who sign the cancellation notice shall  be  relieved  of  any
    20  further  obligation  under  the  contract  except  for those obligations
    21  outlined in paragraph b of this subdivision.
    22    § 2. Subdivision 2-a of section 653 of the general  business  law,  as
    23  amended  by  chapter  489  of  the  laws  of 1990, is amended to read as
    24  follows:
    25    2-a. The following statement, in bold letters of at  least  ten  point
    26  type,  which  advises  the purchaser of the right to cancel the contract
    27  under section six hundred fifty-four of this article shall be  contained
    28  in the contract:
    29        YOU  MAY  CANCEL  THIS  MEMBERSHIP CONTRACT   WITHOUT ANY PENALTY,

    30        FORFEITURE, OR FURTHER OBLIGATION WITHIN THREE (3)  BUSINESS  DAYS
    31        FROM THE DATE THAT YOU EXECUTE SAID CONTRACT. FOR ADDITIONAL RIGHT
    32        OF CANCELLATION SEE THE DISCLOSURE DOCUMENT.
    33    Immediately  following  the  above  right  of cancellation notice, the
    34  instructions below shall be given in the same type as the print for  the
    35  contract text.
    36    "Notice of cancellation shall be in writing subscribed by the purchas-
    37  er    or his or her legally designated representative and hand delivered
    38  or mailed by certified mail to the membership campground operator at the
    39  address stated herein and postmarked not later than three business  days
    40  from the date of execution of said contract. Such notice shall be accom-
    41  panied  by the original or copies of the membership camping contract and
    42  all supporting documentation."

    43    § 3. Subdivision 2 of section 653  of  the  general  business  law  is
    44  amended by adding a new paragraph o to read as follows:
    45    o. The following statement, in bold letters of at least ten point type
    46  where in capital letters below, which advises the purchaser of the right
    47  to  cancel  the  contract under section six hundred fifty-four-a of this
    48  article, shall be contained in the disclosure document:
    49    ADDITIONAL RIGHT OF CANCELLATION: AFTER THREE (3) BUSINESS  DAYS  FROM
    50  THE  DATE  THAT  YOU EXECUTE SAID CONTRACT YOU MAY CANCEL FOR ANY OF THE
    51  FOLLOWING REASONS:
    52    (1) A material breach in the provision of the essential  services  and
    53  programs set forth in the membership camping contract; or

    54    (2)  You  have  relocated  to a permanent residence not less than five
    55  hundred miles from a campground or other facility where you can use your
    56  membership; or
        A. 8965                             4
 
     1    (3) You, your spouse, or your domestic partner currently resides in or
     2  are notified of and accept the opportunity to commence occupancy  in  an
     3  adult care facility or a residential health care facility; or
     4    (4)  You,  your  spouse,  or  your domestic partner are certified by a
     5  physician as physically unable to visit the resort  and  materially  use
     6  the services and programs as outlined in the contract; or
     7    (5)  You  are  the  victim of domestic violence perpetrated by another

     8  signatory of the same contract.
     9    Immediately following the above  right  of  cancellation  notice,  the
    10  instructions  below shall be given in the same type as the print for the
    11  contract text.
    12    "Notice of cancellation shall be in writing subscribed by the purchas-
    13  er or his or her legally designated representative and sent by certified
    14  mail to the membership campground operator at the address stated herein.
    15  Such notice shall be accompanied  by  the  original  or  copies  of  the
    16  membership camping contract and all supporting documentation. If you are
    17  exercising  your right to cancel after three business days, such notifi-
    18  cation shall also include a written statement that  certifies  that  the

    19  representations  are true and correct, and contain no material omissions
    20  of fact to the best of your knowledge and belief."
    21    § 4. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.