Bill Text: NY S05051 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the regulation by homeowners' associations of the installation of solar panels on roofs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S05051 Detail]
Download: New_York-2019-S05051-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5051 2019-2020 Regular Sessions IN SENATE April 4, 2019 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to the regulation by homeowners' associations of the installation of solar panels on roofs 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 16 2 to read as follows: 3 ARTICLE 16 4 HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL 5 INSTALLATION 6 Section 480. Homeowners' associations; regulation of solar panel instal- 7 lation. 8 § 480. Homeowners' associations; regulation of solar panel installa- 9 tion. 1. No homeowners' association shall, by deed restriction, coven- 10 ant, or similar binding agreement running with the land, prohibit or 11 have the effect of prohibiting photovoltaic solar panels from being 12 installed on the roofs of buildings erected on lots or parcels of land 13 located within the jurisdiction of the homeowners' association. 14 2. Notwithstanding the provisions of subdivision one of this section, 15 a homeowners' association may require approval for the installation of 16 photovoltaic solar panels on roofs and may establish restrictions for 17 their installation, provided that: 18 (a) such approval requirements and restrictions are reasonable, not 19 arbitrary, and applied in a uniform manner to all homeowners' associ- 20 ation members; and 21 (b) such approval process and restrictions shall not have the effect 22 of impairing the effective operation and performance, or increasing the 23 cost, of the photovoltaic solar panel system. 24 3. A homeowners' association may determine the specific location on 25 the roof where such photovoltaic solar panels may be installed, provided EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11068-01-9S. 5051 2 1 that such panels face forty-five degrees of due south and such location 2 does not impair the effective operation and performance of the photovol- 3 taic solar panel system. 4 § 2. This act shall take effect on the sixtieth day after it shall 5 have become a law.
