Cemeteries Regulated By
NYS Department of State
Division of Cemeteries
Responsibilities, Rights and Oversight
Presenter: Cynthia Craig, Investigator
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.
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.
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
Not all cemeteries in New York are alike!
There are five types of cemeteries in New York State
1. Not-for-Profit – formed under the N-PCL §1501
2. Religious Corporations
3. Municipal Cemeteries
4. Family or Private Cemeteries
5. National Cemeteries
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
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.
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
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.
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.
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.
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.
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.
THE VANDALISM BILL
Bill was passed in 1989. $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.
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.
Reporting Problems
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.
Visit our website:
http://www.dos.ny.gov