Provides that no covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a condominium and any by-laws that prohibits or unreasonably restricts the installation or use of an electric vehicle charging station is void.
STATE OF NEW YORK
________________________________________________________________________
6338--A
2019-2020 Regular Sessions
IN ASSEMBLY
March 6, 2019
___________
Introduced by M. of A. FAHY, CARROLL, McDONALD, D'URSO, COLTON, SIMON,
BLAKE -- read once and referred to the Committee on Housing --
reported and referred to the Committee on Codes -- 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 electric vehicle
charging station installation in condominiums
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 section
2 339-ll to read as follows:
3 § 339-ll. Electric vehicle charging station installation. 1. As used
4 in this section:
5 (a) "Reasonable restrictions" means restrictions that do not signif-
6 icantly increase the cost of the station or significantly decrease its
7 efficiency or specified performance.
8 (b) "Electric vehicle charging station" means a station that delivers
9 electricity from a source outside an electric vehicle into one or more
10 electric vehicles. An electric vehicle charging station may include
11 several charge points simultaneously connecting several electric vehi-
12 cles to the station and any related equipment needed to facilitate
13 charging plug-in electric vehicles.
14 2. (a) Any covenant, restriction, or condition contained in any deed,
15 contract, security instrument, or other instrument affecting the trans-
16 fer or sale of any interest in the property, and any by-laws, that
17 either effectively prohibits or unreasonably restricts the installation
18 or use of an electric vehicle charging station within an owner's unit or
19 in a designated parking space, including, but not limited to, a deeded
20 parking space, a parking space in an owner's exclusive use common
21 element, or a parking space that is specifically designated for use by a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09641-02-9
A. 6338--A 2
1 particular owner, or is in conflict with the provisions of this section
2 shall be void and unenforceable.
3 (b) This section shall not apply to by-laws that impose reasonable
4 restrictions on electric vehicle charging stations. However, it is the
5 policy of the state to promote, encourage, and remove obstacles to the
6 use of electric vehicle charging stations.
7 (c) An electric vehicle charging station shall meet all applicable
8 health and safety standards and requirements imposed by law, rule or
9 regulation.
10 (d) If approval is required for the installation or use of an electric
11 vehicle charging station the application for approval shall be processed
12 and approved by the association in a manner prescribed by the associ-
13 ation and shall not be willfully avoided or delayed. The approval or
14 denial of an application shall be in writing. If an application is not
15 denied in writing within sixty days from the date of receipt of the
16 application, the application shall be deemed approved, unless that delay
17 is the result of a reasonable request for additional information.
18 (e) If the electric vehicle charging station is to be placed in the
19 common elements or in an exclusive use common element, as designated in
20 the common interest declaration, the following provisions shall apply:
21 (i) The owner first shall obtain approval from the association to
22 install the electric vehicle charging station and the association shall
23 approve the installation if the owner agrees in writing to do all of the
24 following:
25 (A) comply with the association's architectural standards for the
26 installation of the charging station;
27 (B) engage a licensed contractor to install the charging station;
28 (C) within fourteen days of approval, provide a certificate of insur-
29 ance that names the association as an additional insured under the
30 owner's insurance policy pursuant to subparagraph (iii) of this para-
31 graph; and
32 (D) pay for both the costs associated with the installation of and the
33 electricity usage associated with the charging station.
34 (ii) The owner and each successive owner of the charging station shall
35 be responsible for all of the following:
36 (A) costs for damage to the charging station, common elements, exclu-
37 sive use common elements, or separate units resulting from the installa-
38 tion, maintenance, repair, removal, or replacement of the charging
39 station;
40 (B) costs for the maintenance, repair, and replacement of the charging
41 station until it has been removed and for the restoration of the common
42 elements after removal;
43 (C) the cost of electricity associated with the charging station; and
44 (D) disclosing to prospective buyers the existence of any charging
45 station of the owner and the related responsibilities of the owner under
46 this section.
47 (iii) The owner of the charging station, whether located within a
48 separate unit or within the common elements or exclusive use common
49 elements, shall, at all times, maintain a liability coverage policy. The
50 owner that submitted the application to install the charging station
51 shall provide the association with the corresponding certificate of
52 insurance within fourteen days of approval of the application. That
53 owner and each successor owner shall provide the association with the
54 certificate of insurance annually thereafter.
A. 6338--A 3
1 (iv) A homeowner shall not be required to maintain a homeowners
2 liability coverage policy for an existing national electrical manufac-
3 turers association standard alternating current power plug.
4 (f) Except as provided in paragraph (g) of this subdivision, installa-
5 tion of an electric vehicle charging station for the exclusive use of an
6 owner in a common element, that is not an exclusive use common element,
7 shall be authorized by the association only if installation in the
8 owner's designated parking space is impossible or unreasonably expen-
9 sive. In such cases, the association shall enter into a license agree-
10 ment with the owner for the use of the space in a common area, and the
11 owner shall comply with all of the requirements in paragraph (e) of this
12 subdivision.
13 (g) The association or owners may install an electric vehicle charging
14 station in the common elements for the use of all members of the associ-
15 ation and, in that case, the association shall develop appropriate terms
16 of use for the charging station.
17 (h) An association may create a new parking space where one did not
18 previously exist to facilitate the installation of an electric vehicle
19 charging station.
20 (i) An association that willfully violates this section shall be
21 liable to the applicant or other party for actual damages, and shall pay
22 a civil penalty to the applicant or other party in an amount not to
23 exceed one thousand dollars.
24 (j) In any action by a unit owner requesting to have an electric vehi-
25 cle charging station installed and seeking to enforce compliance with
26 this section, the unit owner shall be awarded reasonable attorney's fees
27 if he or she prevails.
28 § 2. This act shall take effect immediately.
