Bill Text: NY S05051 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the regulation by homeowners' associations of the installation of solar panels on roofs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-04 - REFERRED TO JUDICIARY [S05051 Detail]

Download: New_York-2019-S05051-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5051
                               2019-2020 Regular Sessions
                    IN SENATE
                                      April 4, 2019
                                       ___________
        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the real property law, in relation to the regulation  by
          homeowners' associations of the installation of solar panels on roofs
          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 16
     2  to read as follows:
     3                                  ARTICLE 16
     4             HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL
     5                                INSTALLATION
     6  Section 480. Homeowners' associations; regulation of solar panel instal-
     7                 lation.
     8    § 480. Homeowners' associations; regulation of solar  panel  installa-
     9  tion.  1.  No homeowners' association shall, by deed restriction, coven-
    10  ant, or similar binding agreement running with  the  land,  prohibit  or
    11  have  the  effect  of  prohibiting  photovoltaic solar panels from being
    12  installed on the roofs of buildings erected on lots or parcels  of  land
    13  located within the jurisdiction of the homeowners' association.
    14    2.  Notwithstanding the provisions of subdivision one of this section,
    15  a homeowners' association may require approval for the  installation  of
    16  photovoltaic  solar  panels  on roofs and may establish restrictions for
    17  their installation, provided that:
    18    (a) such approval requirements and restrictions  are  reasonable,  not
    19  arbitrary,  and  applied  in a uniform manner to all homeowners' associ-
    20  ation members; and
    21    (b) such approval process and restrictions shall not have  the  effect
    22  of  impairing the effective operation and performance, or increasing the
    23  cost, of the photovoltaic solar panel system.
    24    3. A homeowners' association may determine the  specific  location  on
    25  the roof where such photovoltaic solar panels may be installed, provided
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11068-01-9

        S. 5051                             2
     1  that  such panels face forty-five degrees of due south and such location
     2  does not impair the effective operation and performance of the photovol-
     3  taic solar panel system.
     4    §  2.  This  act  shall take effect on the sixtieth day after it shall
     5  have become a law.
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