Bill Text: NY S07679 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to prohibiting homeowners' associations from restricting the installation of or use of solar power systems.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2016-06-09 - PRINT NUMBER 7679B [S07679 Detail]

Download: New_York-2015-S07679-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7679--A
                    IN SENATE
                                      May 12, 2016
                                       ___________
        Introduced by Sens. MARCELLINO, LATIMER -- read twice and ordered print-
          ed,  and when printed to be committed to the Committee on Judiciary --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT to amend the real property law, in relation to prohibiting home-
          owners' associations from restricting the installation or use of solar
          power systems
          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
    25  restriction on use which effectively prohibits the installation  or  use
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10006-06-6
        S. 7679--A                          2
     1  of  a  solar power system is unenforceable and shall be void as contrary
     2  to public policy. For the purposes of this subdivision, an  unreasonable
     3  limitation includes, but is not limited to, any restriction on use that:
     4    (a)  inhibits  the solar power system from functioning at its intended
     5  maximum efficiency; or
     6    (b) increases the solar power  system's  installation  or  maintenance
     7  costs  by an amount which is estimated to be greater than ten percent of
     8  the total cost of the initial installation of the  solar  power  system,
     9  including the costs of labor and equipment.
    10    3.  Notwithstanding  subdivision  two  of  this section, a homeowners'
    11  association may adopt or enforce a restriction on use  to  prohibit  the
    12  installation  of  a solar power system that is located on property owned
    13  by the homeowners' association or that is located on property  owned  in
    14  common by the members of the homeowners' association.
    15    4. Any denial of a homeowner's installation of a solar power system by
    16  a  homeowners'  association  must  include a detailed description of the
    17  exact basis for rejection in writing with specific examples of the home-
    18  owners' association's concerns, if applicable.
    19    5. A solar power system must meet the requirements established by  any
    20  local,  state  or  federal  law, rule or regulation on health and safety
    21  standards and those requirements imposed by state and  local  permitting
    22  authorities.
    23    6. A person may bring a civil action in a court of competent jurisdic-
    24  tion  for  any violation of this section. In any action brought pursuant
    25  to this section, the court may award appropriate  remedy  and  costs  of
    26  litigation,  including  reasonable  attorneys'  fees,  to the prevailing
    27  party.
    28    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    29  have become a law.