S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6878

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

Introduced  by M. of A. GALEF -- read once and referred to the Committee
  on Housing

AN ACT to amend the real property law, in relation to prohibiting  home-
  owner  associations  from  banning the installation of solar arrays in
  their by-laws or rules and regulations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  governor  and legislature have
embarked upon a multi-year, multi-pronged initiative  to  promote  solar
investment  and use.  In order to meet those goals, solar power opportu-
nities must be expanded to those, who for a  variety  of  reasons,  have
been  prevented  from installing solar power systems, particularly solar
arrays, on their homes. Most homeowner associations, for  example,  have
not adapted their by-laws to provide homeowners with that option. States
such  as  Arizona,  California,  Florida and Massachusetts have remedied
this problem by enacting laws to prohibit  homeowner  associations  from
banning  or curtailing the installation of solar arrays on a homeowner'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  installa-
tion without citing reasons. Frequently, litigation results with dissim-
ilar outcomes. This legislation would permit homeowners to install solar
arrays  in  consultation with their homeowner 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.
  S  2.  The real property law is amended by adding a new section 339-ll
to read as follows:
  S 339-LL.  BY-LAWS  AND  RULES  AND  REGULATIONS;  CERTAIN  PROVISIONS
PROHIBITED.  1.  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-02-5
              

A. 6878                             2

  (A) "SOLAR POWER SYSTEM" MEANS THE  USE  OF  SOLAR  PHOTOVOLTAIC  (PV)
TECHNOLOGY THROUGH THE INSTALLATION OF MULTIPLE PANELS.
  (B)  "SOLAR  ARRAYS"  MEAN  THE MULTIPLE PANELS PLACED ON ROOFS AND AS
FREE-STANDING  INSTALLATIONS  ALONG  WITH  THE  SUPPORT  STRUCTURES  AND
FIXTURES SUCH AS METERS AND PIPING.
  (C)  "ROOF"  MEANS  OF  A  SINGLE FAMILY DWELLING UNIT WHICH IS SOLELY
OWNED BY AN INDIVIDUAL OR INDIVIDUALS, AND WHICH IS NOT DESIGNATED AS  A
COMMON  ELEMENT OR COMMON PROPERTY IN THE GOVERNING DOCUMENTS OF A HOME-
OWNER ASSOCIATION.
  (D) "HOMEOWNER ASSOCIATION" MEANS AN ASSOCIATION OR CORPORATION ESTAB-
LISHED TO GOVERN A PRIVATE COMMUNITY WHOSE MEMBERS OWN THE IMPROVED LOTS
OR HOMES OR BOTH SUCH LOTS AND HOMES OF WHICH THE COMMUNITY IS COMPOSED.
MEMBERSHIP IN THE ASSOCIATION IS MANDATORY FOR OWNERS OF A LOT  OR  HOME
IN THE COMMUNITY.
  2.  NO  HOMEOWNER  ASSOCIATION SHALL BAN IN ITS BY-LAWS OR BY RULES OR
REGULATIONS ADOPTED  PURSUANT  THERETO,  ANY  SOLAR  PANEL  ARRAYS,  THE
INSTALLATION  OF  ROOFTOP  SOLAR  PANELS OR THE CLEARING AND TRIMMING OF
VEGETATION ON HOMEOWNERS'  PROPERTIES  THAT  OBSCURE  SUCH  SOLAR  PANEL
ARRAYS OR ROOFTOP SOLAR PANELS.
  3.  ANY  COVENANT,  RESTRICTION  OR  CONDITION  CONTAINED IN ANY DEED,
CONTRACT, SECURITY AGREEMENT, OR OTHER INSTRUMENT AFFECTING TRANSFER  OR
SALE  OF,  OR ANY INTEREST IN, REAL PROPERTY WHICH EFFECTIVELY PROHIBITS
THE INSTALLATION OR USE OF A SOLAR ENERGY DEVICE IS VOID AND UNENFORCEA-
BLE.
  4. A HOMEOWNER ASSOCIATION MAY ADOPT RULES OR REGULATIONS TO  REGULATE
THE INSTALLATION AND MAINTENANCE OF SOLAR ARRAYS ON ROOFS AS FOLLOWS:
  (A)   QUALIFICATIONS,  CERTIFICATION  AND  INSURANCE  REQUIREMENTS  OF
PERSONNEL OR CONTRACTORS WHO MAY INSTALL THE SOLAR SYSTEM;
  (B) THE LOCATION OF SOLAR ARRAYS ON ROOFS;
  (C) CONCEALMENT OF SOLAR  ARRAYS'  SUPPORT  STRUCTURES,  FIXTURES  AND
PIPING;
  (D)  COLOR HARMONIZATION OF SOLAR ARRAYS WITH THE COLORS OF STRUCTURES
OR LANDSCAPING IN THE DEVELOPMENT;
  (E) AGGREGATE SIZE, COVERAGE OR TOTAL NUMBER  OF  SOLAR  ARRAY  PANELS
PROVIDED THAT THE PROVISIONS OF THIS SECTION ARE MET.
  SUCH  RULES  OR  REGULATIONS MUST BE CODIFIED IN THE HOMEOWNER ASSOCI-
ATION BY-LAWS.
  5. A HOMEOWNER ASSOCIATION SHALL NOT ADOPT  OR  ENFORCE  ANY  RULE  OR
REGULATION  RELATED TO INSTALLATION OR MAINTENANCE OF SOLAR ARRAY PANELS
IF COMPLIANCE WITH A RULE OR REGULATION WOULD INCREASE THE  SOLAR  POWER
SYSTEM'S  INSTALLATION  OR MAINTENANCE COSTS BY AN AMOUNT WHICH IS ESTI-
MATED TO BE GREATER THAN TEN PERCENT OF THE TOTAL COSTS OF  THE  INITIAL
INSTALLATION OF THE SOLAR POWER SYSTEM, INCLUDING THE COSTS OF LABOR AND
EQUIPMENT.
  6.  A  HOMEOWNER  ASSOCIATION  SHALL  NOT ADOPT OR ENFORCE ANY RULE OR
REGULATION RELATED TO THE INSTALLATION OR MAINTENANCE OF A  SOLAR  POWER
SYSTEM  IF  COMPLIANCE  WITH  SUCH RULE OR REGULATION INHIBITS THE SOLAR
POWER SYSTEM FROM FUNCTIONING AT ITS INTENDED MAXIMUM EFFICIENCY.
  7. A HOMEOWNER ASSOCIATION MAY NOT DENY A HOMEOWNER'S INSTALLATION  OF
A  SOLAR  POWER  SYSTEM  UNLESS  IT  MAKES  WRITTEN  FINDINGS BASED UPON
SUBSTANTIAL EVIDENCE IN THE RECORD THAT THE PROPOSED INSTALLATION  WOULD
HAVE  A  SPECIFIC,  ADVERSE IMPACT UPON THE PUBLIC HEALTH OR SAFETY, AND
THERE IS NO FEASIBLE METHOD TO  SATISFACTORILY  MITIGATE  OR  AVOID  THE
SPECIFIC,  ADVERSE IMPACT. SUCH FINDINGS SHALL INCLUDE THE BASIS FOR THE
REJECTION OF POTENTIAL FEASIBLE ALTERNATIVES FOR PREVENTING THE  ADVERSE
IMPACT.

A. 6878                             3

  8.  HOMEOWNERS  WHO HAVE SUBMITTED SOLAR INSTALLATION DESIGNS PRIOR TO
THE EFFECTIVE DATE OF THIS SECTION MAY RESUBMIT THE SAME DESIGN DRAWINGS
AND ACCOMPANYING MATERIALS TO THE HOMEOWNER ASSOCIATION UNLESS THERE HAS
BEEN SUBSTANTIVE AND SIGNIFICANT CHANGES TO THE HOME STRUCTURE AND PROP-
ERTY.
  9.  ALL PROPOSED SOLAR POWER SYSTEMS MUST MEET THE REQUIREMENTS ESTAB-
LISHED 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.
  10. A PERSON CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS SECTION
MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT  JURISDICTION.  IN  ANY
ACTION  BROUGHT  PURSUANT  TO THIS SECTION, THE COURT MAY AWARD COSTS OF
LITIGATION, INCLUDING REASONABLE  ATTORNEYS'  FEES,  TO  THE  PREVAILING
PARTY.
  11.  NOTHING  IN  THIS  SECTION  SHALL PROHIBIT THE OWNERS OF MULTIPLE
DWELLING UNITS FROM INSTALLING SUCH SOLAR POWER SYSTEMS AS A GROUP  WITH
INDIVIDUAL OWNERS RETAINING RESPONSIBILITY OF EACH UNIT.
  S 3. This act shall take effect immediately.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6878--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

Introduced  by M. of A. GALEF, SIMON, STIRPE -- Multi-Sponsored by -- M.
  of A.  SKARTADOS, STECK -- read once and referred to the Committee  on
  Housing  -- recommitted to the Committee on Housing in accordance with
  Assembly Rule 3, sec. 2 -- 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.
  S  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.
                                                           LBD10006-03-6
              

A. 6878--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
OR MAINTAINED BY THE HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROP-
ERTY 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 CLAIMING TO BE AGGRIEVED BY ANY VIOLATION OF THIS  SECTION
MAY  BRING  A  CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION. IN ANY
ACTION BROUGHT PURSUANT TO THIS SECTION, THE COURT MAY  AWARD  COSTS  OF
LITIGATION,  INCLUDING  REASONABLE  ATTORNEYS'  FEES,  TO THE PREVAILING
PARTY.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6878--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 8, 2015
                               ___________

Introduced  by  M.  of A. GALEF, SIMON, STIRPE, ROSENTHAL -- Multi-Spon-
  sored by -- M. of A. SKARTADOS, STEC, STECK -- read once and  referred
  to the Committee on Housing -- recommitted to the Committee on Housing
  in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  reported  and  referred  to  the  Committee on Codes --
  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.
  S 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-05-6
              

A. 6878--B                          2

  (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
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 APPROPRIATE  REMEDY  AND  COSTS  OF
LITIGATION,  INCLUDING  REASONABLE  ATTORNEYS'  FEES,  TO THE PREVAILING
PARTY.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.