Bill Text: NY S04742 | 2019-2020 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S04742 Detail]
Download: New_York-2019-S04742-Introduced.html
Bill Title: Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S04742 Detail]
Download: New_York-2019-S04742-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4742 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 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. 22 2. A homeowners' association may not adopt or enforce any rules or 23 regulations that would effectively prohibit, or impose unreasonable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00248-01-9S. 4742 2 1 limitations on, the installation or use of a solar power system. A 2 restriction on use which effectively prohibits the installation or use 3 of a solar power system is unenforceable and shall be void as contrary 4 to public policy. For the purposes of this subdivision, an unreasonable 5 limitation includes, but is not limited to, any restriction on use that: 6 (a) inhibits the solar power system from functioning at its intended 7 maximum efficiency; or 8 (b) increases the solar power system's installation or maintenance 9 costs by an amount which is estimated to be greater than ten percent of 10 the total cost of the initial installation of the solar power system, 11 including the costs of labor and equipment. 12 3. Notwithstanding subdivision two of this section, a homeowners' 13 association may adopt or enforce a restriction on use to prohibit the 14 installation of a solar power system that is located on property owned 15 by the homeowners' association or that is located on property owned in 16 common by the members of the homeowners' association. 17 4. Any denial of a homeowner's installation of a solar power system by 18 a homeowners' association must include a detailed description of the 19 exact basis for rejection in writing with specific examples of the home- 20 owners' association's concerns, if applicable. 21 5. A solar power system must meet the requirements established by any 22 local, state or federal law, rule or regulation on health and safety 23 standards and those requirements imposed by state and local permitting 24 authorities. 25 6. A person may bring a civil action in a court of competent jurisdic- 26 tion for any violation of this section. In any action brought pursuant 27 to this section, the court may award the appropriate remedies and costs 28 of litigation, including reasonable attorneys' fees, to the prevailing 29 party. 30 § 2. This act shall take effect on the sixtieth day after it shall 31 have become a law.