Bill Text: NY S04742 | 2019-2020 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-04-10 - 2ND REPORT CAL. [S04742 Detail]

Download: New_York-2019-S04742-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         4742--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
                                       ___________
        Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Housing,  Construction  and   Community   Development   --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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
    17    (vi) any other instrument affecting the transfer or sale  of,  or  any
    18  interest in, real property.
    19    (b)  "solar  power  system" means a photovoltaic system, comprising of
    20  solar electric generating equipment, installed  on  a  rooftop,  with  a
    21  rated capacity of not more than twenty-five kilowatts.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00248-02-9

        S. 4742--A                          2
     1    2.  A  homeowners'  association  may not adopt or enforce any rules or
     2  regulations that would  effectively  prohibit,  or  impose  unreasonable
     3  limitations  on,  the  installation  or  use  of a solar power system. A
     4  restriction on use which effectively prohibits the installation  or  use
     5  of  a  solar power system is unenforceable and shall be void as contrary
     6  to public policy. For the purposes of this subdivision, an  unreasonable
     7  limitation includes, but is not limited to, any restriction on use that:
     8    (a)  inhibits  the solar power system from functioning at its intended
     9  maximum efficiency; or
    10    (b) increases the solar power  system's  installation  or  maintenance
    11  costs  by an amount which is estimated to be greater than ten percent of
    12  the total cost of the initial installation of the  solar  power  system,
    13  including the costs of labor and equipment.
    14    3.  Notwithstanding  subdivision  two  of  this section, a homeowners'
    15  association may adopt or enforce a restriction on use  to  prohibit  the
    16  installation  of  a solar power system that is located on property owned
    17  by the homeowners' association or that is located on property  owned  in
    18  common by the members of the homeowners' association.
    19    4. Any denial of a homeowner's installation of a solar power system by
    20  a  homeowners'  association  must  include a detailed description of the
    21  exact basis for rejection in writing with specific examples of the home-
    22  owners' association's concerns, if applicable.
    23    5. A solar power system must meet the requirements established by  any
    24  local,  state  or  federal  law, rule or regulation on health and safety
    25  standards and those requirements imposed by state and  local  permitting
    26  authorities.
    27    §  2.  This  act  shall take effect on the sixtieth day after it shall
    28  have become a law.
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