New Jersey § 52:27d-360

§ 52:27d-360.

a. (1) A resident may, upon 60-days' written notice of the intent to vacate , cancel the continuing care agreement for any reason. (2) Upon vacating the unit, a resident or resident's estate cancelling a continuing

care agreement also shall provide written notice to the owner or manager of that facility

that the unit is vacated. The notice shall declare that all personal property of the resident or estate thereof

has been removed. (3) After a unit is vacated, the facility may restore the unit to its original condition. The facility may remove any personal property of the prior resident that remains

in the unit beginning on the twenty-first day following the date upon which notice

of vacancy was received. (4) In the case of a continuing care agreement that provides for a refundable entrance

fee, the facility shall assign the vacated unit a sequential refund number among all

the available units with refundable entrance fees once the unit is restored pursuant

to paragraph (3) of this subsection, but not later than 60 days after the date that

all the conditions for issuing a sequential refund number, as provided in the continuing

care agreement, are fulfilled. b. Upon cancellation of the continuing care agreement by either the resident or the

facility, the resident shall have the right to receive a refund of the amount of any

entrance fee as provided in the continuing care agreement. The amount of the entrance fee shall be set forth in a clear and conspicuous manner

in the continuing care agreement. c. A resident shall be provided at least 60-days' written notice from the facility

if the resident's continuing care agreement is being cancelled due to a violation

of the facility's rules or regulations. Notification may be waived if the facility can demonstrate just cause for terminating

the continuing care agreement in accordance with N.J.A.C.5:19-6.5(c) . The resident may challenge the facility's notice of continuing care agreement cancellation

by requesting a hearing in the same manner as for a hearing in a contested case pursuant

to section 9 of P.L.1968, c. 410 ( C.52:14B-9 ). d. In a continuing care agreement that provides for a refundable entrance fee, when

a resident permanently vacates the facility, or, in the case of two residents occupying

the same residence, when both vacate at the same time, the facility shall provide

to the resident or residents or the legal representative of the resident's estate,

whichever is applicable, a refund of the refundable entrance fee amount without interest,

as set forth in the agreement. Any unpaid fees or charges incurred by the resident including unpaid monthly service

fees, as well as the amount of any charitable assistance that the facility has provided

to the resident, may also be deducted from the remaining balance of the refund of

the entrance fee. Any balance to the resident shall be payable based upon the order of the sequential refund number assigned to a unit pursuant to

paragraph (4) of subsection a. of this section and the availability of funds from

the proceeds of the resale of all vacated units with refundable entrance fees . e. When an entrance fee deposit is refundable, it shall be paid to either the resident,

the resident's named beneficiary, or the legal representative of the resident's estate,

whichever is applicable. A resident shall have the right to change, in writing, the named beneficiary for

the entrance fee refund at any time. f. Notwithstanding the provisions of subsection d. of this section to the contrary,

a facility may apply to the Commissioner of Community Affairs for approval to implement

an alternative methodology for making refund payments of refundable entrance fees,

which approval shall not be granted unless the facility can demonstrate that the use

of the alternative methodology is resident-focused and provides for a more equitable

and timely payment of refundable entrance fees.