NY Gen Bus L § 654-A (2021)
2021 New York Laws GBS - General Business Article 31 - Membership Campgrounds 654-A - Cancellation of Membership Camping Contracts.

§  654-a.  Cancellation  of  membership  camping contracts. 1. For the purposes of this section the following terms shall  have  the  following meanings:   a.  "adult  care facility" shall have the same meaning as such term is defined in subdivision twenty-one of section two of the social  services law,  provided,  however, that for the purposes of this section the term "adult care facility" shall not include a shelter for adults;   b. "domestic partner" shall have the same  meaning  as  such  term  is defined   in   subdivision   seven   of   section   twenty-nine  hundred ninety-four-a of the public health law.   c. "residential health care facility" shall have the same  meaning  as such  term  is  defined  in  subdivision  three  of section twenty-eight hundred one of the public health law; and   d. "shelter for adults" shall have the same meaning as  such  term  is defined  in  subdivision  twenty-three  of  section  two  of  the social services law.   2. a. Upon the expiration of the cancellation  period  provided  under section  six  hundred  fifty-four  of  this  article,  a  purchaser of a membership camping contract shall have the right to cancel such contract under the following conditions:  (1)  there  is  a  material  breach  of  contract  by  the  membership campground  operator  to  provide the essential services and programs as set forth and in the manner provided in the membership camping contract. A natural disaster or phenomena, failure or shortage of  electric  power or  other  source of energy, unauthorized or illegal acts, labor strikes or disputes disrupting operations, or  governmental,  judicial,  or  law enforcement  actions  shall  not be a basis for cancellation, unless the membership campground operator fails to diligently restore such services and programs within a reasonable period of time; or  (2) the purchaser has relocated to a permanent residence not less than five hundred miles from the campground or  the  location  of  any  other campground available to the purchaser pursuant to one or more reciprocal programs outlined in the membership camping contract; or  (3)  the  purchaser,  or  the  purchaser's  spouse or domestic partner currently resides in or is notified of and accepts  the  opportunity  to commence  occupancy  in  an  adult care facility or a residential health care facility and the purchaser provides a copy of such notification  or proof of residency to the operator; or  (4)  the  purchaser  or  the  purchaser's  spouse  or domestic partner receives a written certification  from  a  physician  stating  that  the purchaser  or  the  purchaser's spouse or domestic partner is bedridden, housebound, or similarly physically unable due to ailment or  injury  to visit  the  campground  and  materially  utilize any of the services and programs as outlined  in  the  membership  camping  contract,  and  such condition  is not expected to be temporary. The purchaser must provide a copy of such certification to the operator; or  (5) the purchaser of a contract signed  by  more  than  one  purchaser provides  to  the  operator  a  copy of any of the following, within six months of its issuance, involving domestic violence by another signatory of the same contract: (A) a valid domestic violence incident report form as such term is defined in subdivision fifteen of section eight  hundred thirty-seven  of  the  executive  law;  (B) a valid police report; (C) a valid order of protection; or (D) a signed  affidavit  from  a  licensed medical  or  mental  health  care  provider,  employee of a court acting within the scope of his or her employment, social worker, a rape  crisis counselor  as  defined  in  section  forty-five hundred ten of the civil practice law and rules, or advocate acting on behalf of an  agency  that assists domestic violence victims. Paragraph d of this subdivision shall  not  apply to a purchaser canceling under this subparagraph. A claim for termination under  this  subparagraph  shall  be  made  in  good  faith. Termination  under this subparagraph shall require, and the provision of any  of  the  items  in  (A)  through  (D) of this subparagraph, for the purposes of this subparagraph, shall  be  presumptive  evidence  of  the continued  existence of a substantial risk of physical or emotional harm to the purchaser or purchaser's child.   b. When a purchaser cancels a contract pursuant  to  this  subdivision such  purchaser shall be required to have paid the purchase price of his or her membership in full, as well as all outstanding fees, dues, or any other payments due at the time  of  cancellation  and  for  ninety  days thereafter.  However,  if  all of the purchasers who signed the contract die, the relevant estate or estates shall be  relieved  of  any  further obligation under the contract not then due and owing.   c.   Written  notification  of  the  intent  to  cancel  a  membership campground contract shall be signed by  the  purchaser  or  his  or  her legally  designated  representative  and  delivered  to  the operator by certified mail duly addressed to the operator. Such  notification  shall include  a written statement that certifies that the representations are true and correct, and contain no material omissions of fact to the  best knowledge and belief of the person submitting the certification.   d.  In  the event that the membership campground contract is signed by more  than  one  purchaser,  and  one  or  more  purchasers   meet   the requirements  to  cancel  pursuant  to this subdivision, every purchaser under the contract shall have the right to cancel the contract  provided the  other purchaser or purchasers so notify the operator by signing and delivering, at the same time, the same cancellation notice  required  by paragraph  c  of  this subdivision signed by the purchaser or purchasers meeting the cancellation requirements, in which case all such  purchaser or  purchasers who sign the cancellation notice shall be relieved of any further obligation under  the  contract  except  for  those  obligations outlined in paragraph b of this subdivision.