New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S02997 Summary:

S02997 Actions:

S02997 Committee Votes:

S02997 Floor Votes:

S02997 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2997
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2021
                                       ___________
 
        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  the  installation
          or use of solar power systems within a homeowners' association

          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
    24  limitations on, the installation or use  of  a  solar  power  system.  A

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05416-02-1
        S. 2997                             2
 
     1  restriction  on  use which effectively prohibits the installation or use
     2  of a solar power system is unenforceable and shall be void  as  contrary
     3  to  public policy. For the purposes of this subdivision, an unreasonable
     4  limitation includes, but is not limited to, any restriction on use that:
     5    (a)  inhibits  the solar power system from functioning at its intended
     6  maximum efficiency; or
     7    (b) increases the solar power  system's  installation  or  maintenance
     8  costs  by an amount which is estimated to be greater than ten percent of
     9  the total cost of the initial installation of the  solar  power  system,
    10  including the costs of labor and equipment.
    11    3.  Notwithstanding  subdivision  two  of  this section, a homeowners'
    12  association may adopt or enforce a restriction on use  to  prohibit  the
    13  installation  of  a solar power system that is located on property owned
    14  by the homeowners' association or that is located on property  owned  in
    15  common by the members of the homeowners' association.
    16    4. Any denial of a homeowner's installation of a solar power system by
    17  a  homeowners'  association  must  include a detailed description of the
    18  exact basis for rejection in writing with specific examples of the home-
    19  owners' association's concerns, if applicable.
    20    5. A solar power system must meet the requirements established by  any
    21  local,  state  or  federal  law, rule or regulation on health and safety
    22  standards and those requirements imposed by state and  local  permitting
    23  authorities.
    24    §  2.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.