4609 - Withdrawal, death or dismissal of person; refund.

§  4609. Withdrawal, death or dismissal of person; refund. 1. Upon the  giving of written notice of cancellation by certified mail of  at  least  thirty days, the contract may be cancelled by a resident for any reason,  or  by  an  operator  if  the  applicant has willfully mismanaged assets  needed to pay monthly care fees. A resident shall not be discharged  for  inability  to  pay the monthly fee except where a showing of the willful  mismanagement of assets needed to pay monthly care fees has been made.    2. If the notice required by subdivision one of this section is  given  within  the first ninety days of occupancy, the resident shall receive a  refund of not less than the entry fee and any  other  pre-payments  less  the actual cost of any services actually provided and the actual cost of  refurbishing  the  unit  for  resale.  After  the  first  ninety days of  occupancy, any refund shall be not less than the  entrance  fee,  except  that  the  operator  may  retain  no  more than two percent per month of  occupancy by the resident of such fee and no more than  a  four  percent  fee for processing.    3.  Refunds  upon death will be made on the same basis as refunds upon  withdrawal.    4. Any refund made pursuant to this section must be paid no later than  thirty days after the formerly occupied unit has been resold, but in  no  event  later  than  one  year  after the formerly occupied unit has been  vacated.