§ 85-346. Purpose.

A. 

The Town Board has determined that developers in different parts of the country are selling homes in "retirement communities," in which the purchaser buys and owns the home while the developer retains ownership of the land on which the home is installed (as well as the roads, sidewalks and common areas in the communities). The homeowners in those communities lease the property on which their home is installed.

B. 

The Town Board further finds and recognizes the unique nature of this kind of development, where the purchaser owns a home but is required to lease the land on which the home is situated. This type of development is not governed or regulated under New York Real Property Law and, therefore, the residents of those retirement communities are not afforded the kinds of protection that are extended to mobile home owners or multiple dwelling tenants.

C. 

The Town Board further finds that the Appellate Division, Second Department, New York, in In the Matter of MHC Greenwood Village NY, LLC v. County of Suffolk, 874 N.Y.S.2d 145 (2009), determined that a municipality is not preempted or prohibited from enacting reasonable regulations regarding residency agreements between an owner-operator of senior residential communities and its residents. The Town Code provisions set forth herein are adopted in accordance with the criteria and legal principles set forth in that decision.

D. 

Therefore, the purpose of this article (§§ 85-345 through 85-354) is to extend to occupants of homes in planned retirement communities protections similar to those provided to mobile home owners and multiple dwelling tenants, and to extend the right of first refusal to occupants of homes in planned retirement communities as is provided to mobile home owners and multiple dwelling tenants. This article shall be construed as being supplemental and in addition to Chapter 65 of the Laws of Suffolk County, or any successor law thereto.

Added 2-26-2015 by L.L. No. 2-2015, effective 3-9-2015