NY A02211

Operators of assisted living residences must provide written notice to the department's regional office prior to closure and submit a closure plan for commissioner approval.

Closure plans must include timetables and describe procedures for notifying residents and their representatives, assessing resident needs, assisting with relocation to alternative settings, and maintaining compliance until all residents have relocated.

Operators cannot close facilities until all residents have transferred to appropriate alternative settings and must establish a target closure date of at least 120 days from written notification to residents, with extensions available for residents making good faith relocation efforts.

Operators are prohibited from increasing rent, fees, or surcharges prior to plan approval (except increases corresponding to supplemental security income changes) and cannot accept new residents after notifying the department of intent to close.

Failure to notify the department, submit a closure plan, execute the approved plan, or close before all residents are relocated results in civil penalties.