§ 85-351. Required conduct of planned retirement community owner or operator., Article XV. Multifamily Residence Districts, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

Furnishing services.

(1)

No planned retirement community owner or operator who has agreed to provide hot or cold water, heat, light, power, or any other service or facility to a homeowner or tenant of the planned retirement community shall intentionally or willfully fail to furnish such services or otherwise interfere with a quiet enjoyment of the unit.

(2)

Planned retirement community owners or operators shall provide every homeowner or tenant, by December 1 of each year, the annual base residency charge for the coming year along with an itemized accounting of how those charges were calculated based on a stated overall cost for providing services and maintenance for the community in its entirety.

Right of entry; emergency contact.

(1)

A planned retirement community owner or operator may enter a planned retirement community home only in case of emergency.

(2)

A planned retirement community owner or operator shall designate an agent on the premises who can be contacted on a twenty-four-hour basis to ensure the availability of emergency response in matters affecting the health, safety, well-being, and/or general welfare of planned retirement community homeowners and tenants. The designated agent's name, address and telephone number shall be posted in a conspicuous public location in the planned retirement community, given in writing to each homeowner and/or tenant, and registered with appropriate municipal law enforcement, health and fire officials.

Receipts for payment of rent and other assessments. Upon receipt of rent, fees, charges or other assessments, in the form of cash or any instrument other than the personal check of the tenant, it shall be the duty of the planned retirement community owner or operator to provide the payor with a written receipt containing the following:

(1)

The date;

(2)

The amount;

(3)

The identity of the premises and the period for which paid; and

(4)

The signature and title of the person receiving payment.

Community rules and regulations.

(1)

The planned retirement community owner or operator may promulgate rules or regulations governing the rent and use or occupation of the unit, provided that such rules or regulations shall not be unreasonable, arbitrary or capricious.

(2)

A copy of all rules and regulations shall be delivered by the planned retirement community owner or operator to all homeowners and/or tenants at the time of the first deposit made payable to said planned retirement community owner or operator.

(3)

A copy of all rules and regulations shall be posted in a conspicuous public location upon the grounds of the planned retirement community.

(4)

If a rule or regulation is not applied uniformly to all homeowners and/or tenants, there shall be a rebuttable presumption that such rule or regulation is unreasonable, arbitrary or capricious.

(5)

Any rule or regulation which does not conform to the requirements of this section or which has not been supplied or posted as required by this section shall not be enforceable.

(6)

No rule or regulation may be added, amended, repealed or changed by the planned retirement community owner or operator without the written consent of 3/4 of the homeowners and/or tenants.

(7)

All rules and regulations governing a planned retirement community shall be part of any contract of sale offered by the owner(s) of any planned retirement community unit.

(8)

The owner of a planned retirement community located within the County of Suffolk shall file with the Suffolk County Department of Labor, Licensing and Consumer Affairs a copy of all rules and regulations governing the planned retirement community, and any amendments to such rules and regulations, within 30 days of publication.

(9)

Rules and regulations already in existence on the effective date of this section shall be filed with the Suffolk County Department of Labor, Licensing and Consumer Affairs within 60 days after this section takes effect.

(10)

Failure to file such rules and regulations with the Suffolk County Department of Labor, Licensing and Consumer Affairs shall render such rules and regulations null, void, unenforceable and without any force or effect.