Bill Text: NY A06878 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Introduced - Dead) 2016-06-14 - ordered to third reading rules cal.277 [A06878 Detail]

Download: New_York-2015-A06878-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6878--C
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      April 8, 2015
                                       ___________
        Introduced  by  M.  of  A.  GALEF,  SIMON, STIRPE, ROSENTHAL, GOTTFRIED,
          MURRAY -- Multi-Sponsored by -- M. of A.  SKARTADOS,  STEC,  STECK  --
          read  once  and referred to the Committee on Housing -- recommitted to
          the Committee on Housing in accordance with Assembly Rule 3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported and referred to the Commit-
          tee on Codes -- committee discharged, bill amended, ordered  reprinted
          as  amended and recommitted to said committee -- reported and referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
        AN ACT to amend the real property law, in relation to prohibiting  home-
          owners' associations from restricting the installation or use of solar
          power systems
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The real property law is amended by adding  a  new  article
     2  9-C to read as follows:
     3                                  ARTICLE 9-C
     4                              SOLAR RIGHTS ACT
     5  Section 342. Certain covenants, conditions, and restrictions of homeown-
     6                 ers' associations prohibited.
     7    §  342. Certain covenants, conditions, and restrictions of homeowners'
     8  associations prohibited.  1.  Definitions.  For  the  purposes  of  this
     9  section:
    10    (a) "restriction on use" means any covenant, restriction, or condition
    11  contained in:
    12    (i) a deed;
    13    (ii) a contract;
    14    (iii) the by-laws of a homeowners' association;
    15    (iv) any rules or regulations adopted by a homeowners' association;
    16    (v) a security agreement; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10006-07-6
        A. 6878--C                          2
     1    (vi)  any  other  instrument affecting the transfer or sale of, or any
     2  interest in, real property.
     3    (b)  "solar  power  system" means a photovoltaic system, comprising of
     4  solar electric generating equipment, installed  on  a  rooftop,  with  a
     5  rated capacity of not more than twenty-five kilowatts.
     6    2.  A  homeowners'  association  may not adopt or enforce any rules or
     7  regulations that would  effectively  prohibit,  or  impose  unreasonable
     8  limitations  on,  the  installation  or  use  of a solar power system. A
     9  restriction on use which effectively prohibits the installation  or  use
    10  of  a  solar power system is unenforceable and shall be void as contrary
    11  to public policy. For the purposes of this subdivision, an  unreasonable
    12  limitation includes, but is not limited to, any restriction on use that:
    13    (a)  inhibits  the solar power system from functioning at its intended
    14  maximum efficiency; or
    15    (b) increases the solar power  system's  installation  or  maintenance
    16  costs  by an amount which is estimated to be greater than ten percent of
    17  the total cost of the initial installation of the  solar  power  system,
    18  including the costs of labor and equipment.
    19    3.  Notwithstanding  subdivision  two  of  this section, a homeowners'
    20  association may adopt or enforce a restriction on use  to  prohibit  the
    21  installation  of  a solar power system that is located on property owned
    22  by the homeowners' association or that is located on property  owned  in
    23  common by the members of the homeowners' association.
    24    4. Any denial of a homeowner's installation of a solar power system by
    25  a  homeowners'  association  must  include a detailed description of the
    26  exact basis for rejection in writing with specific examples of the home-
    27  owners' association's concerns, if applicable.
    28    5. A solar power system must meet the requirements established by  any
    29  local,  state  or  federal  law, rule or regulation on health and safety
    30  standards and those requirements imposed by state and  local  permitting
    31  authorities.
    32    6. A person may bring a civil action in a court of competent jurisdic-
    33  tion  for  any violation of this section. In any action brought pursuant
    34  to this section, the court may award the appropriate remedies and  costs
    35  of  litigation,  including reasonable attorneys' fees, to the prevailing
    36  party.
    37    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    38  have become a law.