N.Y. Comp. Codes R. & Regs. tit. 13, § 25.1
(4) Residences to be offered which meet the criteria of paragraphs (1) and (2) of this subdivision and also provide services which require a license or operating certificate from other State or local agencies, must obtain approval from such agencies and comply with this Part as well.
(b) Standard of compliance.
An offering plan must, at a minimum:
(7) not contain any representation or statement which is false, where the sponsor or the person who made such representation or statement:
(iv) did not have knowledge concerning the representation or statement made.
(c) Definitions.
As used in this Part:
(2) Principal(s) means all individual sponsors, all general partners of sponsors that are partnerships, all officers, directors and shareholders of a corporate sponsor that are actively involved in the planing or consummation of the offering, and all other individuals who both: A director of a profit or not-for-profit corporate sponsoring entity, who does not actively participate in the planning or consummation of the offering, is not deemed to be a principal.
(6) Digital copy means a copy that is identical in content to a paper copy except that it is recorded electronically in read-only .pdf format or other electronic format that the Department of Law determines to be acceptable. Digital copies of the plan shall include all the supporting documents included in part II of the plan. Digital copies of the exhibits to the plan shall include all documents referenced in section 25.2(c)(5) of this Part, as applicable. Digital copies of the amendment shall include all exhibits, back-up documents, and other supplemental documents annexed to the amendment, as applicable. The Department of Law shall periodically issue a Guidance Document as defined by State Administrative Procedure Act section 102(14), setting forth particular guidelines and procedures for the submission of digital copies. Such Guidance Document will be available on the Department of Law’s website, as required by State Administrative Procedure Act section 202(e).
(d) Service.
(1) Unless otherwise provided by statute or regulation, any document required to be served by this Part shall be served on:
(iv) any other person entitled to service pursuant to local law or regulation (collectively "offerees"), in the following manner:
(2) Service by personal delivery shall be deemed complete upon delivery. Service by mailing shall be presumed complete on the fifth day after the date of mailing. An affidavit of service identifying the offerees served, stating the manner of service and the date of service is a document required to be retained under section 25.3(x) of this Part. The completion of service shall be the latest date on which service upon all offerees is deemed or presumed complete.
(e) Time of review.
After submission of the proposed offering plan for filing, the Office of the Attorney General shall issue a letter to the sponsor or sponsor's attorney stating that the plan is filed, or indicating deficiencies. The Office of the Attorney General shall issue such a letter for an offering plan subject to this Part no later than 30 days after submission of the proposed offering plan. The Office of the Attorney General may issue a deficiency letter whenever it appears that the proposed offering plan is deficient in one or more respects. The Office of the Attorney General may, in its discretion, deem an offering plan as not submitted if the proposed offering plan and exhibits are incomplete and therefore do not meet the requirements of section 25.2, “Procedure for submission” of this Part.
(f) Statutory compliance.
Unless expressly provided herein, nothing contained in this Part shall be construed as limiting the requirements set forth in article 23-A of the GBL or the laws regulating senior residential communities in the state where the property is located.
(g) Waiver.
In the interests of justice, the Office of the Attorney General may waive compliance with any provision of these regulations and can permit variations of regulations so long as the variation is consistent with the purpose and intent of the regulation and statute or unless prohibited from doing so by statute or by final court order.
(h) Exemptions.
Upon written application of the sponsor or sponsor's attorney, the Office of the Attorney General, in its discretion, may exempt a plan from the application of any provision of this Part where it is found that enforcement of the provision is not necessary to effectuate the purposes of the GBL or to protect the investing public. The application shall:
(3) be signed by sponsor or the sponsor's attorney.
The transmittal letter and certifications required by section 25.4 of this Part shall be in the form required by this Part, without modification, and shall be based on the assumption that any exemption sought pursuant to this section has been granted. In the event that the Office of the Attorney General denies the application for exemption, the Office of the Attorney General may issue a deficiency letter as provided in subdivision (e) of this section. No additional fee is required for an exemption application.
(i) Out-of-state senior residential communities.
A sponsor of a senior residential community located outside of New York State which makes or takes part in a public offering in or from the State of New York of senior residential community units must file an offering plan with the Office of the Attorney General. To comply with this requirement, the sponsor of an out-of-state plan may file a complete offering plan drafted in accordance with New York law and this Part. In the alternative, the Office of the Attorney General may, in its discretion, allow the sponsor to file the offering plan approved by or filed with the state or jurisdiction in which the senior residential community is located and an addendum with such additional information as is required by the Office of the Attorney General. Sponsor must represent that the plan complies with all applicable local laws.
(j) Effectiveness of regulations.
The effective date of these regulations is the date of filing with the Secretary of State. As of such date:
(3) Section 25.6 of this Part is effective for advertisements, appearing on or after the effective date of these regulations, for offering plans that meet the requirements of subdivision (a) of this section, regardless of when such plans were filed.
(k) Withdrawals, abandonments and rejections.
(3) If the offering plan is finally rejected by the Office of the Attorney General and there is no outstanding right to cure defects, the sponsor shall promptly serve notice of such rejection on all commercial or professional tenants, if any, in the manner specified by paragraph (d)(1) of this section.
(l) Disclaimers.
The requirements set forth in section 25.3 of this Part apply to the offering plan generally and shall not be negated or contradicted by inconsistent provisions in other portions of the offering plan, or by provisions purporting to discharge liability or to terminate the continuing effect of representations in the offering plan upon an event such as the execution of a residency agreement or commencement of occupancy. Disclaimer provisions, either direct or indirect, through stated reliance on an expert with respect to factual matters required to be represented or set forth in the offering plan, may not be included except as and to the extent permitted in this Part.
(a) Applicability.
The offering statement or "offering plan" required by section 352-e of the General Business Law ("GBL") for a senior residential community that meets the requirements set forth below is subject to this Part, "Newly Constructed or Vacant Senior Residential Communities." The offering plan must be filed with the Department of Law prior to the commencement of any offer to the public of residence in the community.