1. Cemeteries Regulated By NYS Department of State Division of Cemeteries
Responsibilities, Rights and Oversight
Presenter: Cynthia Craig, Investigator

2. Mission Statement
Under the supervision of the NYS Cemetery Board, the Division administers provisions of law dealing with cemetery corporations, including rules and
regulations, the sale of lots, charges for services,
the acquisition of lands and other activities by
cemeteries under sections 1501 et seq. of the
Not-for-Profit Corporation Law.

3. Division of Cemeteries Formed in 1949
How the Division of Cemeteries was formed: After investigation by the Attorney General’s Office The NYS Cemetery Board: N-PCL §1504 Comprised of designees of: Secretary of State-Rossana Rosado Chairman, Daniel Shapiro, Esq. Commissioner of Health – Dr. Howard A. Zucker Attorney General – Eric Schneiderman, Esq.

4. Functions of the NYS Cemetery Board
Meets monthly to:
Approve or disapprove rate applications
Approve or disapprove vandalism applications
Creates policies the Division enforces
Review regulations for any necessary updates
Discuss issues concerning cemeteries

5. Not all cemeteries in New York are alike!
There are five types of cemeteries in New York State
Not-for-Profit – formed under the N-PCL §1501
Religious Corporations
Municipal Cemeteries
Family or Private Cemeteries
National Cemeteries

6. Understanding the Consumer’s Rights
Lot Owners Rights
Right of interment
Right to be memorialized
Right to vote at lot owner meetings
Can seek to serve as a trustee on the cemetery’s board
Right to request (in writing) to review cemetery records in the office of the cemetery.
Right to request, in accordance with their by-laws, to be heard at a meeting of the cemetery board

7. Once a Lot is Purchased
Lot owner must be given a receipt, deed or contract stating how much was paid and the exact location.
Copy of the Rules and Regulations must be provided before any part of purchase price is paid.
Document must be signed by two members of the cemetery’s board, the president or vice president and the treasurer or assistant treasurer.

8. Rights of Lot Owners under N-PCL § 1512
When deed or receipt in the name of both parties:
Joint owners and have regular lot owner rights
When deed or receipt in one name only:
Spouse only has right of burial if there is room
Unless mentioned specifically in a will the plot descends to the children. We will use the Table of Consanguinity to determine who is a lot owner in the case of no children using the next slide.
All children are joint lot owners
Register one name with the cemetery to:
serve as contact
vote at annual meetings
Registered name does not solely control the lot

10. Cemetery’s Responsibilities
N-PCL §1510
Must provide consumer, upon request, with a copy of the cemetery lot prices, however actual printing costs may be charged.
Must post cemetery rules and regulations and prices in the office of the cemetery.
Must have a map in the office that delineates lots and paths, if any. The map is open to public inspection.

11. Cemetery’s Responsibilities continued
N-PCL §1510
Must keep accurate records of all lots sold, interments and cremations.
These records are not public records.
They must be made available to the Division of Cemeteries at any time.
Members of the public are entitled only to that information that would be published in an obituary.
Specific lot, burial or lot ownership information requires the request of a lot owner. The cemetery can charge an approved fee for genealogical work of research pertaining to specific lots. This charge is a service charge and must have the approval of the NYS Cemetery Board.

12. N-PCL §1510-b Availability on a Six Day Basis
A regulated cemetery must be available on a Six Day basis for interments, excluding Legal Holidays as set forth in the rules and regulations or by their practice. If there are severe weather or other conditions an interment may be postponed until such time as condition has passed.
A cemetery does not need to allow traffic in every season, such as winter. A cemetery can choose not to plow the roads during winter months.
If an interment is necessary a charge for actual expenses can be made to the person requesting interment for such items as snow removal and or snow plowing, frost removal, rental of equipment or outside contractor fees.
A procession may be prohibited during times that, travel in the cemetery may present a hazard to visitors, to the grounds and or monuments and memorials.
Reasons not to go forth with an interment during severe conditions may include the inability to locate the grave properly, dangerous location in the cemetery for the conditions, damage to another lot owner’s memorial in order to accomplish the interment.
These situations are handled by our division on a case by case basis.

13. Cemetery’s Responsibilities continued
General care of the premises in accordance with the funds they have available.
Town Law §291 governs the duties of a Town in the case of abandonment or in the case that a cemetery can no longer function.
General Municipal Law §165-a allows a municipality to assist a cemetery under our jurisdiction with money, manpower or materials.
If the cemetery has a special endowment on a lot they must honor that according to the available interest accrued on the trust for its care.
They must hold an annual meeting of lot owners. This is a meeting for lot owners, not the general public or media if not specifically invited.
A notice of the annual meeting must be either mailed out by first class mail to each lot owner or published once a week for three weeks in a publication that published within the county of the office of the cemetery.

14. Who is in Charge?
When a person enters the cemetery grounds, they must act in accordance with the cemetery rules and regulations and under the direction of the superintendent, the board of the cemetery or their designee.
No work on a lot can be done on a lot without either, due notice to the lot owner or the lot owner(s) approval.
A monument is the personal property of those who caused it to be placed. Therefore, it is wise when purchasing a memorial to insure it with a rider on your home owner’s policy or a separate policy.
A monument cannot be removed without due notice to the lot owner, written consent or a court order, unless done for non payment through proper means by the monument company. N-PCL §1510(l) and §1510-a.
Any and all repair work also requires due notice or approval of the lot owner or personal having control of the monument itself.

15. THE VANDALISM BILL
Bill was passed in $5.00 is assessed for each interment and cremation in our regulated cemeteries.
It began as two parts:
Repair of Vandalism Damage for our active cemeteries
After notice to the lot owner repair of the damage can be done by the cemetery and contractors with this grant.
Abandon Cemetery Application: A municipality or another cemetery that has a cemetery turned over to it can apply for funds one time within a 2 year period for a “clean up”.
A clean up may include mowing, tree work, up righting a few monuments that impede ease of care. Also possibly fencing and lighting to protect against vandals.
All applications need two estimates for all work to be done.

16. The third part includes Repair or Removal of Hazardous or Dilapidated Monuments
Available to our regulated cemeteries only:
Notice to the lot owners must be provided once a week for three weeks in a newspaper.
Headstone must be nearly waist high and be presenting a hazard to groundskeepers or visitors.
Estimates for foundation, repair, epoxy or removal and replacement with a flush marker from 2 contractors must be included.

17. Reporting Problems Visit our website: http://www.dos.ny.gov
Complaints registered by someone other than the affected lot owner may not be investigated unless implications are such that they impact on a lot owner(s). Call any Division of Cemeteries office if you have questions about the status of a particular cemetery (see “Cemetery Complaint” form for telephone numbers). Types of care provided by cemeteries. Most lot owner complaints involve insufficient care which, in and of itself, is not a violation of the law.
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