NY State Senate Bill 2019-S4742A

Senate Bill S4742A

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2020	committed to rules
Feb 13, 2020	advanced to third reading
Feb 12, 2020	2nd report cal.
Feb 11, 2020	1st report cal.418
Jan 08, 2020	referred to housing, construction and community development returned to senate died in assembly
Apr 30, 2019	referred to housing delivered to assembly passed senate
Apr 29, 2019	advanced to third reading
Apr 10, 2019	2nd report cal.
Apr 09, 2019	1st report cal.452
Apr 03, 2019	print number 4742a
Apr 03, 2019	amend and recommit to housing, construction and community development
Mar 22, 2019	referred to housing, construction and community development

Votes

- Apr 30, 2019 - Floor Vote
  S4742A
  
  43
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 30, 2019
      
      aye (43)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Tedisco
  Feb 11, 2020 - Housing, Construction And Community Development Committee Vote
  S4742A
  
  8
  
  Aye
  
  2
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Feb 11, 2020
      
      aye (8)
      
      Boyle
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (2)
      
      Amedore
      
      Little
      
      aye wr (1)
      
      Helming
  Apr 8, 2019 - Housing, Construction And Community Development Committee Vote
  S4742A
  
  9
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Apr 8, 2019
      
      aye (9)
      
      Boyle
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Little
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (1)
      
      Amedore
      
      aye wr (1)
      
      Helming

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S4742 - Details

See Assembly Version of this Bill:: A5896
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7679, A6878
2017-2018: S7735, A3691
2021-2022: S2997, A1933

2019-S4742 - Summary

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

2019-S4742 - Sponsor Memo

                                
 
BILL NUMBER: S4742

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 use"
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:

2017-18: S7735 - REFERRED TO JUDICIARY

 
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.

2019-S4742 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4742
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Housing, Construction and Community Development
 
 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.

                                                            LBD00248-01-9

 S. 4742                             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.

co-Sponsors

View additional co-sponsors

2019-S4742A (ACTIVE) - Details

See Assembly Version of this Bill:: A5896
Current Committee:: Senate Rules
Law Section:: Real Property Law
Laws Affected:: Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7679, A6878
2017-2018: S7735, A3691
2021-2022: S2997, A1933

2019-S4742A (ACTIVE) - Summary

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

2019-S4742A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4742A

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 use"
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.

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-laws 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. 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 associations.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S7735 - REFERRED TO JUDICIARY

 
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.

2019-S4742A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4742--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Housing,  Construction  and   Community   Development   --   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:
 
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00248-02-9

 S. 4742--A                          2
 
   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
 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.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S4742A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S4742 - Details

2019-S4742 - Summary

2019-S4742 - Sponsor Memo

2019-S4742 - Bill Text download pdf

co-Sponsors

2019-S4742A (ACTIVE) - Details

2019-S4742A (ACTIVE) - Summary

2019-S4742A (ACTIVE) - Sponsor Memo

2019-S4742A (ACTIVE) - Bill Text download pdf

Comments