Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2020 |
referred to judiciary |
Apr 04, 2019 |
referred to judiciary |
Senate Bill S5051
2019-2020 Legislative Session
Sponsored By
(D, WF) 40th Senate District
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
Actions
2019-S5051 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add Art 16 §480, RP L
2019-S5051 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5051 SPONSOR: HARCKHAM TITLE OF BILL: An act to amend the real property law, in relation to the regulation by homeowners' associations of the installation of solar panels on roofs PURPOSE: This bill would prevent homeowners' associations from prohibiting solar panels from being installed on the land within the jurisdiction of the homeowners' association. SUMMARY OF PROVISIONS: Section 1 amends the real property law by adding a new article 16 to prevent homeowners' associations from refusing the installations of solar panels on property within their jurisdiction. Section 2 sets the effective date.
2019-S5051 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5051 2019-2020 Regular Sessions I N S E N A T E April 4, 2019 ___________ Introduced by Sen. HARCKHAM -- 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 the regulation by homeowners' associations of the installation of solar panels on roofs 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 16 to read as follows: ARTICLE 16 HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL INSTALLATION SECTION 480. HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL INSTAL- LATION. § 480. HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL INSTALLA- TION. 1. NO HOMEOWNERS' ASSOCIATION SHALL, BY DEED RESTRICTION, COVEN- ANT, OR SIMILAR BINDING AGREEMENT RUNNING WITH THE LAND, PROHIBIT OR HAVE THE EFFECT OF PROHIBITING PHOTOVOLTAIC SOLAR PANELS FROM BEING INSTALLED ON THE ROOFS OF BUILDINGS ERECTED ON LOTS OR PARCELS OF LAND LOCATED WITHIN THE JURISDICTION OF THE HOMEOWNERS' ASSOCIATION. 2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION, A HOMEOWNERS' ASSOCIATION MAY REQUIRE APPROVAL FOR THE INSTALLATION OF PHOTOVOLTAIC SOLAR PANELS ON ROOFS AND MAY ESTABLISH RESTRICTIONS FOR THEIR INSTALLATION, PROVIDED THAT: (A) SUCH APPROVAL REQUIREMENTS AND RESTRICTIONS ARE REASONABLE, NOT ARBITRARY, AND APPLIED IN A UNIFORM MANNER TO ALL HOMEOWNERS' ASSOCI- ATION MEMBERS; AND (B) SUCH APPROVAL PROCESS AND RESTRICTIONS SHALL NOT HAVE THE EFFECT OF IMPAIRING THE EFFECTIVE OPERATION AND PERFORMANCE, OR INCREASING THE COST, OF THE PHOTOVOLTAIC SOLAR PANEL SYSTEM. 3. A HOMEOWNERS' ASSOCIATION MAY DETERMINE THE SPECIFIC LOCATION ON THE ROOF WHERE SUCH PHOTOVOLTAIC SOLAR PANELS MAY BE INSTALLED, PROVIDED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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