NY State Senate Bill 2017-S7735

Senate Bill S7735

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2018	referred to judiciary

co-Sponsors

2017-S7735 (ACTIVE) - Details

See Assembly Version of this Bill:: A3691
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7679, A6878
2019-2020: S4742, A5896
2021-2022: S2997, A1933

2017-S7735 (ACTIVE) - Summary

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

2017-S7735 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7735

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the real property law, in relation to
prohibiting homeowners' associations from restricting the installation
or use of solar power systems

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to prohibit homeowners' associations
from restricting the installation or use of solar power systems (SBS).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The Real Property Law is amended by adding a new ARTICLE 9-C
SOLAR RIGHTS ACT § 342. Certain covenants, conditions, and restrictions
of homeowners' association prohibited. 1. Defines "restriction on ue"
and "solar power system". 2. A homeowners' association my not adopt or
enforce any rules or regulations that would effectively prohibit, or
impose unreasonable 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 purpose of this subdivi-
sion, an unreasonable limitation includes, but is not limited to, any
restriction on use that: (a) inhibits the SPS from functioning at its
intended maximum efficiency; or (b) increases the SPS's installation or
maintenance costs by more than 10% of the total cost of the initial
installation of the system. 3. Notwithstanding subdivision two of this
section, a homeowners' association my adopt or enforce a restriction on
use to prohibit the installation of a SPS 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 SPS by an association must
include details for the rejection. 5. A SPS must meet 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 jurisdiction for
any violation of this section. In any action brought pursuant to this
section, the court may award the appropriate remedies and costs of liti-
gation to the prevailing party.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

The New York State Governor and Legislature have embarked upon a multi-
year, multi-pronged initiative to promote solar investment and use. To
meet the goals, however, solar power opportunities must be expanded to
those, who for a variety of reasons, have been prevented from installing
solar systems, particularly solar arrays, on their homes. Most homeowner
associations, for example, have not adapted their by-lays to provide
homeowners with the option. States such as Arizona, California, Florida
and Massachusetts have remedied the problem by enacting laws to prohibit
homeowner associations from banning or curtailing the installation of
solar arrays on one's roof.

Compounding the problem is the lack of consistency regarding homeowner
association by-laws. There is no common standard governing the installa-
tion and most if not all homeowner associations reject such installation
without citing reasons. Frequently, litigation results with dissimilar
outcomes. This legislation would permit homeowners the right to install
solar arrays in consultation with their homeowners' association. It
would thus expand the use of solar power systems for homeowners, while
granting a role in the decision-making process to the homeowner associ-
ations.

 
PRIOR LEGISLATIVE HISTORY:

A. 6878-C and S. 7679-B of 2015/2016

 
FISCAL IMPLICATIONS:

There are no fiscal implications associated with this legislation.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2017-S7735 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7735
 
                             I N  S E N A T E
 
                             February 14, 2018
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07705-01-7

 S. 7735                             2
 
 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.

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Senate Bill S7735

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Sponsored By

Kevin S. Parker