S T A T E O F N E W Y O R K
________________________________________________________________________
8954
I N A S S E M B L Y
March 4, 2014
___________
Introduced by M. of A. GALEF, OTIS, RAIA, MONTESANO -- Multi-Sponsored
by -- M. of A. McLAUGHLIN, MOSLEY, RIVERA, SKARTADOS, THIELE -- read
once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to solar energy
systems on cooperative apartments
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 section
339-ll to read as follows:
S 339-LL. INSTALLATION OF SOLAR ENERGY SYSTEM ON COOPERATIVE APARTMENT
ROOFS. 1. FOR THE PURPOSES OF THE INSTALLATION OF SOLAR ENERGY SYSTEM ON
INDIVIDUAL COOPERATIVE APARTMENT ROOFS, A ROOF SHALL NOT BE CONSIDERED A
COMMON ELEMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION
THREE HUNDRED THIRTY-NINE-E OF THIS ARTICLE.
2. ANY TENANT-SHAREHOLDER SHALL HAVE THE RIGHT TO INSTALL A SOLAR
ENERGY SYSTEM ON HIS OR HER INDIVIDUAL ROOF UNLESS THERE IS A COMPELLING
REASON FOR THE BOARD OF DIRECTORS OF THE COOPERATIVE CORPORATION TO DENY
SUCH INSTALLATION. PRIOR TO ANY INSTALLATION, THE GOVERNING BOARD OF
DIRECTORS OF THE COOPERATIVE CORPORATION SHALL BE CONSULTED REGARDING
THE AESTHETICS OF THE INSTALLATION AS SUCH SOLAR PANEL RELATES TO THE
OVERALL APPEARANCE OF THE ROOF OR ROOFS. SUCH TENANT-SHAREHOLDER SHALL
BE RESPONSIBLE FOR THE INSTALLATION, MAINTENANCE AND REMOVAL OF THE
SOLAR ENERGY SYSTEM, AS WELL AS ANY DAMAGES INCURRED BY A PERSON AS A
RESULT OF SUCH SOLAR ENERGY SYSTEM. ALL OTHER TENANT-SHAREHOLDERS OF
SUCH COOPERATIVE CORPORATION SHALL BE HELD HARMLESS FOR ANY DAMAGES
CAUSED BY THE INSTALLATION OF SUCH SOLAR ENERGY SYSTEM.
S 2. Section 339-k of the real property law, as added by chapter 82 of
the laws of 1964, is amended to read as follows:
S 339-k. Certain work prohibited. No unit owner OR TENANT-SHAREHOLDER
OF A COOPERATIVE CORPORATION shall do any work which would jeopardize
the soundness or safety of the property, reduce the value thereof or
impair any easement or hereditament, nor may any unit owner add any
material structure or excavate any additional basement or cellar, with-
out in every such case the consent of all the unit owners OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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