Any person who, as or on behalf of an operator, enters into a contract without having first delivered to the prospective resident the disclosure statement and annual report required by sections forty-six hundred fifty-seven and forty-six hundred fifty-eight of this article; or delivers to the prospective resident a disclosure statement or annual report that omits a material fact or makes an untrue or misleading statement of material fact shall be liable to the individual contracting for services pursuant to such contract for damages and repayment of all entrance, application, periodic charge or other fees paid by such person, less the reasonable cost of care and housing provided until discovery of the violation or until the violation should reasonably have been discovered, together with interest, costs and reasonable attorney's fees.
N.Y. Pub. Health Law § 4671