§ 656-19. Grounds for eviction.

A. 

An owner of a planned retirement community may not evict a homeowner or tenant other than for the following reasons:

(1) 

The planned retirement community homeowner or tenant has defaulted in the payment of rent and a proper demand has been made for such delinquent rent. On tender of payment of such delinquent rent, together with allowable costs, any action instituted for nonpayment of rent shall be terminated.

(2) 

The home or rented space is used for any illegal trade or business.

(3) 

The homeowner or tenant is in violation of a federal, state or local law or ordinance which may be deemed detrimental to the safety and welfare of the other persons residing in the planned retirement community.

(4) 

The homeowner or tenant or anyone occupying the home is in violation of any lease, term or lawful rule or regulation established by the owner of a planned retirement community and has continued in violation, without attempt to cure, for more than 10 days after the owner of the planned retirement community has given written notice of such violation to the homeowner or tenant directing that the homeowner or tenant correct the violation within 10 days of the receipt of said notice.

B. 

No homeowner or tenant shall be denied a continuance or renewal of a lease so long as he or she has, during his or her period of occupancy, complied with the terms of his or her lease and the lawful rules and regulations of the planned retirement community then in effect.

C. 

Any planned retirement community owner or operator who violates this section shall be subject to a civil penalty of not more than $1,000 for each violation. Each day or a part of a day on which a violation continues or occurs shall constitute a separate violation.

D. 

Enforcement.

(1) 

This section shall be enforced by the Suffolk County Department of Consumer Affairs, the Suffolk County Attorney or by any other governmental agency or department authorized to secure compliance with the law by an action in any court of competent jurisdiction for an injunction to prevent the violation or threatened violation thereof.

(2) 

A civil action in the name of the governmental agency may be commenced to recover a civil penalty in the amounts prescribed by this section.

(3) 

A violation or failure to comply with any provision of this section may be raised as a complete defense, or as counterclaim, by a homeowner and/or tenant in any action brought by an owner of a planned retirement community in a court proceeding in Suffolk County.