Section 4669. Appointment of a caretaker

Upon  a determination by the
  council that there exists operational deficiencies in a  fee-for-service
  continuing care retirement community that show:
    1.  there  exists  in  the  facility a pattern or practice of habitual
  violation of the standards of health, safety or patient care established
  under federal or state law or regulations, the council  shall  take  the
  actions  prescribed  by  section  forty-six  hundred sixty-eight of this
  article, and, where the council deems it to be in the  public  interest,
  the  council  may  request  the  commissioner,  and  upon request of the
  council  the  commissioner  shall,  petition  a   court   of   competent
  jurisdiction  to  appoint a caretaker as defined in section twenty-eight
  hundred one of this chapter. The  petition,  the  proceedings,  and  the
  procedures  for  appointment  of  a  caretaker  shall be governed by the
  provisions of section forty-six hundred seventy of this article, and the
  power, duties and rights of  a  caretaker  appointed  pursuant  to  such
  section  shall  be  the  same as those authorized by subdivision four of
  such section; or
    2. a condition or conditions in substantial violation of the standards
  for health, safety or patient care established under  federal  or  state
  law or regulations.