STATE OF NEW YORK
________________________________________________________________________
5896--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
___________
Introduced by M. of A. GALEF, PEOPLES-STOKES, BARRON, DE LA ROSA, ORTIZ,
L. ROSENTHAL, TAYLOR, GOTTFRIED, PAULIN, DINOWITZ, ABINANTI, ARROYO,
FAHY, GLICK, SIMON, STIRPE, SANTABARBARA, SEAWRIGHT, THIELE, COLTON,
QUART, CARROLL, JONES -- Multi-Sponsored by -- M. of A. LUPARDO, STEC,
STECK -- read once and referred to the Committee on Housing -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00248-03-9
A. 5896--A 2
1 (b) "solar power system" means a photovoltaic system, comprising of
2 solar electric generating equipment, installed on a rooftop, with a
3 rated capacity of not more than twenty-five kilowatts.
4 2. A homeowners' association may not adopt or enforce any rules or
5 regulations that would effectively prohibit, or impose unreasonable
6 limitations on, the installation or use of a solar power system. A
7 restriction on use which effectively prohibits the installation or use
8 of a solar power system is unenforceable and shall be void as contrary
9 to public policy. For the purposes of this subdivision, an unreasonable
10 limitation includes, but is not limited to, any restriction on use that:
11 (a) inhibits the solar power system from functioning at its intended
12 maximum efficiency; or
13 (b) increases the solar power system's installation or maintenance
14 costs by an amount which is estimated to be greater than ten percent of
15 the total cost of the initial installation of the solar power system,
16 including the costs of labor and equipment.
17 3. Notwithstanding subdivision two of this section, a homeowners'
18 association may adopt or enforce a restriction on use to prohibit the
19 installation of a solar power system that is located on property owned
20 by the homeowners' association or that is located on property owned in
21 common by the members of the homeowners' association.
22 4. Any denial of a homeowner's installation of a solar power system by
23 a homeowners' association must include a detailed description of the
24 exact basis for rejection in writing with specific examples of the home-
25 owners' association's concerns, if applicable.
26 5. A solar power system must meet the requirements established by any
27 local, state or federal law, rule or regulation on health and safety
28 standards and those requirements imposed by state and local permitting
29 authorities.
30 § 2. This act shall take effect on the sixtieth day after it shall
31 have become a law.
