Bill Text: NY A06165 | 2021-2022 | General Assembly | Amended


Bill Title: Enacts the electric vehicle rights act; provides that a homeowners' association may not adopt or enforce any rules or regulations that would effectively prohibit, or impose unreasonable limitations on, the installation or use of an electric vehicle charging station.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed) 2022-05-25 - RETURNED TO ASSEMBLY [A06165 Detail]

Download: New_York-2021-A06165-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6165--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        Introduced by M. of A. EPSTEIN, GALLAGHER, STECK, JACKSON, GALEF -- read
          once  and  referred  to the Committee on Housing -- recommitted to the
          Committee on Housing in accordance with Assembly Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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-D to read as follows:
     3                                 ARTICLE 9-D
     4                         ELECTRIC VEHICLE RIGHTS ACT
     5  Section 343. Certain covenants, conditions, and restrictions of homeown-
     6                 ers' associations prohibited.
     7    § 343. 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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10014-02-2

        A. 6165--A                          2

     1    2.  A  homeowners'  association  may not adopt or enforce any rules or
     2  regulations that would  effectively  prohibit,  or  impose  unreasonable
     3  limitations  on, the installation or use of an electric vehicle charging
     4  station.  A restriction on use which effectively prohibits the installa-
     5  tion or use of an electric vehicle charging station is unenforceable and
     6  shall  be  void  as  contrary to public policy. For the purposes of this
     7  subdivision, an unreasonable limitation includes, but is not limited to,
     8  any restriction on use that:
     9    (a) inhibits the electric vehicle charging station from functioning at
    10  its intended maximum efficiency; or
    11    (b) increases the electric vehicle charging station's installation  or
    12  maintenance costs by an amount which is estimated to be greater than ten
    13  percent  of  the  total cost of the initial installation of the electric
    14  vehicle charging station, including the costs of labor and equipment.
    15    3. Notwithstanding subdivision two  of  this  section,  a  homeowners'
    16  association  may  adopt  or enforce a restriction on use to prohibit the
    17  installation of an electric vehicle charging station that is located  on
    18  property  owned  by  the  homeowners'  association or that is located on
    19  property owned in common by the members of the homeowners' association.
    20    4.  If approval for the installation or use  of  an  electric  vehicle
    21  charging  station is required by a homeowners' association, the applica-
    22  tion for approval shall be processed and approved by the association  in
    23  a  manner  prescribed  by  the  association  and  shall not be willfully
    24  avoided or delayed. The approval or denial of an application shall be in
    25  writing.   Any denial of  a  homeowner's  application  shall  include  a
    26  detailed description of the exact basis for the denial and shall include
    27  specific examples of the homeowners' association's concerns, if applica-
    28  ble.   If an application is not denied in writing within sixty days from
    29  the date of receipt of the application, the application shall be  deemed
    30  approved,  unless  that  delay is the result of a reasonable request for
    31  additional information.
    32    5. An electric vehicle charging station shall  meet  the  requirements
    33  established  by  any  local, state or federal law, rule or regulation on
    34  health and safety standards and those requirements imposed by state  and
    35  local permitting authorities.
    36    6. In any action by a homeowner requesting to have an electric vehicle
    37  charging  station  installed and seeking to enforce compliance with this
    38  section, the homeowner shall be awarded reasonable attorney's fees if he
    39  or she prevails.
    40    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    41  have become a law.
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