SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 Form 11-K (Mark One) [X] ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 [FEE REQUIRED] FOR THE FISCAL YEAR ENDED DECEMBER 31, 1995 OR [ ] TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 [NO FEE REQUIRED] for the transition period from _______________ to _______________ Commission file number 333-12551 A. Full title of the plan and the address of the plan, if different from that of the issuer named below: HOME PROPERTIES RETIREMENT SAVINGS PLAN --------------------------------------- B. Name of the issuer of the securities held pursuant to the plan and the address of its principal executive office: HOME PROPERTIES OF NEW YORK, INC. 850 Clinton Square Rochester, New York 14604 REQUIRED INFORMATION The Home Properties Retirement Savings Plan (the "Plan") is subject to the Employee Retirement Security Income Act of 1974 ("ERISA"). Therefore, in lieu of the requirements of Items 1 - 3 of Form 11-K, the financial statements and schedules of the Plan for the two fiscal years ending December 31, 1995 and 1994, which have been prepared in accordance with the financial reporting requirements of ERISA, are filed herewith as Exhibit 99.1 and incorporated herein by reference. EXHIBITS Exhibit Number Description - ------- ----------- 99-1 Financial Statement and Schedules of the Plan for the two fiscal years ending December 31, 1995 and 1994 99-2 Consent of Cortland L. Brovitz & Co., P.C., independent accountants SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned thereunto duly authorized. HOME PROPERTIES RETIREMENT SAVINGS PLAN Date: September 23, 1996 By: /s/ David P. Gardner ------------------------------------ Name: David P. Gardner ---------------------------------- Title: Chairman of the Administrative Committee, the Administrator of the Plan ---------------------------------