S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7911
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the real property  law,  in  relation  to  enacting  the
   central air conditioner and heat pump rights act
 
   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-E to read as follows:
                                ARTICLE 9-E
             CENTRAL AIR CONDITIONER AND HEAT PUMP RIGHTS ACT
 SECTION 344. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   §  344. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
 ASSOCIATIONS PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION:
   (A) "RESTRICTION ON USE" SHALL  MEAN  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) "CENTRAL AIR CONDITIONER" SHALL MEAN A  TYPE  OF  HEATING,  VENTI-
 LATION  AND  AIR  CONDITIONING SYSTEM THAT IS DESIGNED TO COOL AN ENTIRE
 HOME OR BUILDING, COOLS AIR IN A CENTRAL  LOCATION  AND  DISTRIBUTES  IT
 THROUGH A NETWORK OF DUCTS AND VENTS.
   (C) "HEAT PUMP" SHALL MEAN A DEVICE THAT TRANSFERS HEAT FROM ONE PLACE
 TO ANOTHER, USING ELECTRICITY, AND CAN PROVIDE BOTH HEATING AND COOLING.
   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.
                                                            LBD11375-01-5
              

 A. 7911                             2
 
 LIMITATIONS  ON, THE INSTALLATION OR USE OF A CENTRAL AIR CONDITIONER OR
 HEAT PUMP.  A RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTAL-
 LATION OR USE OF A CENTRAL AIR CONDITIONER OR HEAT PUMP 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 CENTRAL AIR CONDITIONER OR HEAT PUMP FROM FUNCTIONING
 AT ITS INTENDED MAXIMUM EFFICIENCY; OR
   (B)  INCREASES THE CENTRAL AIR CONDITIONER OR HEAT PUMP'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 CENTRAL
 AIR  CONDITIONER  OR  HEAT PUMP, INCLUDING THE COSTS OF LABOR AND EQUIP-
 MENT.
   3. NOTWITHSTANDING SUBDIVISION TWO  OF  THIS  SECTION,  A  HOMEOWNERS'
 ASSOCIATION  MAY  ADOPT  OR ENFORCE A RESTRICTION ON USE TO PROHIBIT THE
 INSTALLATION OF A CENTRAL AIR CONDITIONER OR HEAT PUMP 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. IF APPROVAL FOR THE INSTALLATION OR USE OF A CENTRAL AIR CONDITION-
 ER OR HEAT PUMP IS REQUIRED BY A HOMEOWNERS' ASSOCIATION,  THE  APPLICA-
 TION  FOR APPROVAL SHALL BE PROCESSED AND APPROVED BY THE ASSOCIATION IN
 A MANNER PRESCRIBED BY  THE  ASSOCIATION  AND  SHALL  NOT  BE  WILLFULLY
 AVOIDED OR DELAYED. THE APPROVAL OR DENIAL OF AN APPLICATION SHALL BE IN
 WRITING.    ANY  DENIAL  OF  A  HOMEOWNER'S  APPLICATION SHALL INCLUDE A
 DETAILED DESCRIPTION OF THE EXACT BASIS FOR THE DENIAL AND SHALL INCLUDE
 SPECIFIC EXAMPLES OF THE HOMEOWNERS' ASSOCIATION'S CONCERNS, IF APPLICA-
 BLE.  IF AN APPLICATION IS NOT DENIED IN WRITING WITHIN SIXTY DAYS  FROM
 THE  DATE OF RECEIPT OF THE APPLICATION, THE APPLICATION SHALL BE DEEMED
 APPROVED, UNLESS THAT DELAY IS THE RESULT OF A  REASONABLE  REQUEST  FOR
 ADDITIONAL INFORMATION.
   5.  A CENTRAL AIR CONDITIONER OR HEAT PUMP SHALL 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. IN ANY ACTION BY A HOMEOWNER  REQUESTING  TO  HAVE  A  CENTRAL  AIR
 CONDITIONER  OR  HEAT  PUMP  INSTALLED AND SEEKING TO ENFORCE COMPLIANCE
 WITH THIS SECTION, THE HOMEOWNER SHALL BE AWARDED REASONABLE  ATTORNEY'S
 FEES IF SUCH HOMEOWNER PREVAILS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.