STATE OF NEW YORK ________________________________________________________________________ 6165 2021-2022 Regular Sessions IN ASSEMBLY March 10, 2021 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Housing AN ACT to amend the real property law, in relation to enacting the elec- tric vehicle rights act 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 ELECTRIC VEHICLE 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" shall mean any covenant, restriction, or 11 condition 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) "electric vehicle charging station" shall have the same meaning as 20 such term is defined in section three hundred thirty-nine-ll of this 21 chapter. 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 an electric vehicle charging 25 station. A restriction on use which effectively prohibits the installa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10014-01-1A. 6165 2 1 tion or use of an electric vehicle charging station is unenforceable and 2 shall be void as contrary to public policy. For the purposes of this 3 subdivision, an unreasonable limitation includes, but is not limited to, 4 any restriction on use that: 5 (a) inhibits the electric vehicle charging station from functioning at 6 its intended maximum efficiency; or 7 (b) increases the electric vehicle charging station's installation or 8 maintenance costs by an amount which is estimated to be greater than ten 9 percent of the total cost of the initial installation of the electric 10 vehicle charging station, 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 an electric vehicle charging station that is located on 14 property owned by the homeowners' association or that is located on 15 property owned in common by the members of the homeowners' association. 16 4. If approval for the installation or use of an electric vehicle 17 charging station is required by a homeowners' association, the applica- 18 tion for approval shall be processed and approved by the association in 19 a manner prescribed by the association and shall not be willfully 20 avoided or delayed. The approval or denial of an application shall be in 21 writing. Any denial of a homeowner's application shall include a 22 detailed description of the exact basis for the denial and shall include 23 specific examples of the homeowners' association's concerns, if applica- 24 ble. If an application is not denied in writing within sixty days from 25 the date of receipt of the application, the application shall be deemed 26 approved, unless that delay is the result of a reasonable request for 27 additional information. 28 5. An electric vehicle charging station shall meet the requirements 29 established by any local, state or federal law, rule or regulation on 30 health and safety standards and those requirements imposed by state and 31 local permitting authorities. 32 6. In any action by a homeowner requesting to have an electric vehicle 33 charging station installed and seeking to enforce compliance with this 34 section, the homeowner shall be awarded reasonable attorney's fees if he 35 or she prevails. 36 § 2. This act shall take effect on the sixtieth day after it shall 37 have become a law.