§ 4671. Civil action. Any person who, as or on behalf of an operator, enters into a contract without having first delivered to the prospective resident the disclosure statement and annual report required by sections forty-six hundred fifty-seven and forty-six hundred fifty-eight of this article; or delivers to the prospective resident a disclosure statement or annual report that omits a material fact or makes an untrue or misleading statement of material fact shall be liable to the individual contracting for services pursuant to such contract for damages and repayment of all entrance, application, periodic charge or other fees paid by such person, less the reasonable cost of care and housing provided until discovery of the violation or until the violation should reasonably have been discovered, together with interest, costs and reasonable attorney's fees.

Terms Used In N.Y. Public Health Law 4671

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Operator: shall mean a legal entity operating a fee-for-service continuing care retirement community pursuant to a certificate of authority, as granted pursuant to section forty-six hundred fifty-six of this article. See N.Y. Public Health Law 4651
  • Resident: shall mean any person who, pursuant to a contract, is entitled to reside in and receive services from a fee-for-service continuing care retirement community. See N.Y. Public Health Law 4651