§ 461-c. Resident care, services and charges. 1. Every operator of an\nadult care facility, except a shelter for adults, shall execute with\neach applicant for admission a written admission agreement, dated and\nsigned by the operator and the parties to be charged, which shall\ncontain the entire agreement of the parties and such other information\nas department regulations shall require.\n 2. Such agreement executed pursuant to subdivision one of this section\nshall enumerate in such detail as may be required by department\nregulation all charges, expenses and other assessments, if any, for\nservices, materials, equipment and food, required by law or regulations\nand other services, materials, equipment and food which such operator\nagrees to furnish and supply to such resident during the period of\nresidency. No additional charges or expenses may be assessed against any\nresident of a residence for adults, adult home or enriched housing\nprogram, in excess of that contained in such agreement, except (a) upon\nexpress written approval and authority of the resident, or his or her\nsponsor, if any, or (b) in order to provide additional care, services or\nsupplies, upon the express order of the attending physician of the\nresident, or (c) upon thirty days notice to the resident and to his or\nher sponsor, if any, of additional charges and expenses due to increased\ncost of maintenance and operation. However, in the event of any\nemergency arising which affects such resident, additional charges may be\nassessed for the benefit of such resident as are reasonable and\nnecessary for services, materials, equipment and food furnished and\nsupplied during such emergency.\n 2-a. (a) There shall be an implied warranty of habitability in each\nwritten admission agreement executed pursuant to this section that shall\nensure the premises be fit for human habitation and for the uses\nreasonably intended by the operator and the resident and that the\noccupants of the facility shall not be subjected to any conditions which\nwould be dangerous, hazardous or detrimental to their life, health,\nsafety or welfare. Such statement shall not be read to be in any way\nlimiting a resident's rights to relief in an administrative or judicial\nproceeding.\n (b) An action for breach of the warranty of habitability and any\nviolation of a written admission agreement may be maintained in a court\nof competent jurisdiction by the resident or representative of the\nresident. The court shall apply New York Rules of Court Part 130 to any\naction brought pursuant to this section.\n 3. The written agreement executed pursuant to subdivision one of this\nsection shall include a statement indicating that the resident and any\nperson designated by the resident shall be notified by the operator at\nthe request of the resident pursuant to regulations promulgated by the\ndepartment and, shall be provided written notification by the facility\nnot less than thirty days prior to a termination of the resident's\nadmission and services agreement; a statement that upon discharge or\ntransfer, the resident and any person designated by the resident shall\nbe notified by the operator at the request of the resident pursuant to\nregulations promulgated by the department and, is entitled to a final\nwritten statement of his or her account and that the resident is\nentitled to the prompt return, within three business days, of any of his\nor her money, property or thing of value held in trust or in custody by\nthe facility; a statement which details any and all money, property or\nthing of value which is given, or promised to be given to the facility\non admission or at any other time, including any agreements made by\nthird parties for the benefit of a resident; and such other provisions\nas the department determines necessary to fully inform the resident of\nthose items of care, services, materials, equipment and food that must\nbe provided by the facility pursuant to other appl
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