S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3691
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GALEF,  SIMON, STIRPE, ROSENTHAL, GOTTFRIED,
   MURRAY -- Multi-Sponsored by -- M. of A.  SKARTADOS,  STEC,  STECK  --
   read once and referred to the Committee on Housing
 
 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:
 
   Section  1.  The  real property law is amended by adding a new article
 9-C to read as follows:
                                 ARTICLE 9-C
                             SOLAR RIGHTS ACT
 SECTION 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   § 342. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF  HOMEOWNERS'
 ASSOCIATIONS  PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF THIS
 SECTION:
   (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
 CONTAINED IN:
   (I) A DEED;
   (II) A CONTRACT;
   (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
   (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
   (V) A SECURITY AGREEMENT; OR
   (VI) ANY OTHER INSTRUMENT AFFECTING THE TRANSFER OR SALE  OF,  OR  ANY
 INTEREST IN, REAL PROPERTY.
   (B)  "SOLAR  POWER  SYSTEM" MEANS A PHOTOVOLTAIC SYSTEM, COMPRISING OF
 SOLAR ELECTRIC GENERATING EQUIPMENT, INSTALLED  ON  A  ROOFTOP,  WITH  A
 RATED CAPACITY OF NOT MORE THAN TWENTY-FIVE KILOWATTS.
   2.  A  HOMEOWNERS'  ASSOCIATION  MAY NOT ADOPT OR ENFORCE ANY RULES OR
 REGULATIONS THAT WOULD  EFFECTIVELY  PROHIBIT,  OR  IMPOSE  UNREASONABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07705-01-7

 A. 3691                             2
 
 LIMITATIONS  ON,  THE  INSTALLATION  OR  USE  OF A SOLAR POWER SYSTEM. A
 RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLATION  OR  USE
 OF  A  SOLAR POWER SYSTEM IS UNENFORCEABLE AND SHALL BE VOID AS CONTRARY
 TO  PUBLIC POLICY. FOR THE PURPOSES OF THIS SUBDIVISION, AN UNREASONABLE
 LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY RESTRICTION ON USE THAT:
   (A) INHIBITS THE SOLAR POWER SYSTEM FROM FUNCTIONING AT  ITS  INTENDED
 MAXIMUM EFFICIENCY; OR
   (B)  INCREASES  THE  SOLAR  POWER SYSTEM'S INSTALLATION OR MAINTENANCE
 COSTS BY AN AMOUNT WHICH IS ESTIMATED TO BE GREATER THAN TEN PERCENT  OF
 THE  TOTAL  COST  OF THE INITIAL INSTALLATION OF THE SOLAR POWER SYSTEM,
 INCLUDING THE COSTS OF LABOR AND EQUIPMENT.
   3. NOTWITHSTANDING SUBDIVISION TWO  OF  THIS  SECTION,  A  HOMEOWNERS'
 ASSOCIATION  MAY  ADOPT  OR ENFORCE A RESTRICTION ON USE TO PROHIBIT THE
 INSTALLATION OF A SOLAR POWER SYSTEM THAT IS LOCATED ON  PROPERTY  OWNED
 BY  THE  HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROPERTY OWNED IN
 COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
   4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
 A HOMEOWNERS' ASSOCIATION MUST INCLUDE A  DETAILED  DESCRIPTION  OF  THE
 EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
 OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
   5.  A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED BY ANY
 LOCAL, STATE OR FEDERAL LAW, RULE OR REGULATION  ON  HEALTH  AND  SAFETY
 STANDARDS  AND  THOSE REQUIREMENTS IMPOSED BY STATE AND LOCAL PERMITTING
 AUTHORITIES.
   6. A PERSON MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDIC-
 TION FOR ANY VIOLATION OF THIS SECTION. IN ANY ACTION  BROUGHT  PURSUANT
 TO  THIS SECTION, THE COURT MAY AWARD THE APPROPRIATE REMEDIES AND COSTS
 OF LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES, TO  THE  PREVAILING
 PARTY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.