NY S03932

Operators of assisted living residences must provide written notice to the appropriate regional office prior to closure and submit a closure plan for commissioner approval that includes timetables and procedures for notifying residents and assisting their relocation.

Operators cannot close a facility or accept new residents until the commissioner approves the closure plan, and must ensure all residents have transferred to appropriate alternative settings before closure.

Operators are prohibited from increasing rent, fees, or surcharges on residents prior to plan approval, except for increases corresponding to supplemental security income increases.

A target closure date must be set at least 120 days from when residents are notified, with additional time provided to residents who make good faith efforts to find alternative placements and demonstrate need for more than 120 days.

Operators who fail to notify the department, submit a plan, execute an approved plan, or close before all residents are relocated face civil penalties under section twelve of the public health law; the act takes effect January 1 following enactment.