Bill Text: NY S08518 | 2021-2022 | General Assembly | Introduced

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

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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 2-0)

Status: (Introduced - Dead) 2022-05-25 - SUBSTITUTED BY A6165A [S08518 Detail]

Download: New_York-2021-S08518-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8518

                    IN SENATE

                                      March 8, 2022
                                       ___________

        Introduced  by  Sen. HINCHEY -- 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 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-
    26  tion or use of an electric vehicle charging station is unenforceable and
    27  shall be void as contrary to public policy. For  the  purposes  of  this

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10014-01-1
        S. 8518                             2

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