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Title: Section 794.7 - Leases

Effective Date


Section 794.7 Leases. (a) Whenever a hospice leases premises in which the inpatient component of a hospice or a hospice residence is to be provided, the hospice shall ensure that the lease contains the following language: 

"The landlord acknowledges that its rights of reentry into the premises set forth in this lease do not confer on it the authority to operate a hospital or hospice as defined in Articles 28 and 40, respectively, of the Public Health Law on the premises and agrees to provide the New York State Department of Health with notification by certified mail of intent to reenter the premises or to initiate dispossess proceedings or that the lease is due to expire, at least 30 days prior to the date on which the landlord intends to exercise a right of reentry or to initiate such proceedings or at least 60 days before expiration of the lease." 

(b) Upon receipt of notice from the landlord of its intent to exercise its right of reentry or upon the service of process in dispossess proceedings and 60 days prior to the expiration of the lease, the hospice shall immediately notify by certified mail the New York State Department of Health of receipt of such notice or service of such process or that the lease is about to expire. 

(c) No lease covering the administrative office site or the premises in which the inpatient component of a hospice or a hospice residence as defined in Article 40 of the Public Health Law is to be conducted and no lease covering any equipment used in the operation of a hospice may contain any provision whereby rent, or any increase therein, is based upon the Consumer Price Index or any other cost of living index. In the event the lease covering such hospice premises or equipment contains provisions whereby it is the lessor's responsibility to pay necessary expenses associated with such premises or equipment, such as real estate taxes, utilities, heat, insurance, maintenance and operating supplies, such lease may contain provisions which allow adjustments to the rent only to the extent necessary to compensate the lessor for changes in such expenses. 


VOLUME E (Title 10)