4675 - Priority Reservation Agreements; After Obtaining a Certificate of Authority.

NY Pub Health L § 4675 (2019) (N/A)
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(i) the operator has satisfied the requirements of this section and any applicable regulations; and

(ii) the operator can be expected to meet its obligations in accordance with this section and in accordance with its priority reservation agreements with prospective residents. b. If the commissioner approves an application, the commissioner shall issue a written authorization to the operator authorizing the operator to enter into cancelable priority reservation agreements and collect refundable priority reservation fees from prospective residents concerning the fee-for-service continuing care retirement community. c. The commissioner's authorization shall remain in effect as long as the operator's certificate of authority for its community remains in effect; provided that the commissioner may rescind the authorization at any time for just cause, including any material misstatement of fact or misrepresentation in any of the application materials or any materials subsequently disseminated. d. The operator shall provide written notice to all parties who have entered into cancelable priority reservation agreements of the commissioner's recision of authorization to enter into cancelable priority reservation agreements. e. The commissioner shall provide written notice to the escrow agent of the commissioner's recision of authorization to enter into cancelable priority reservation agreements, including instructions to release funds held in escrow to the persons who have paid refundable priority reservation fees.