assembly Bill A6878C

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 ordered to third reading rules cal.277
rules report cal.277
reported
Jun 08, 2016 amend and recommit to rules 6878c
Jun 06, 2016 reported referred to rules
Jun 03, 2016 print number 6878b
Jun 03, 2016 amend and recommit to codes
May 25, 2016 reported referred to codes
Apr 25, 2016 print number 6878a
Apr 25, 2016 amend (t) and recommit to housing
Jan 06, 2016 referred to housing
Apr 08, 2015 referred to housing

Co-Sponsors

Multi-Sponsors

A6878 - Details

See Senate Version of this Bill:
S7679
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3691, S7735
2019-2020: A5896, S4742

A6878 - Summary

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

A6878 - Bill Text download pdf

                    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

Co-Sponsors

Multi-Sponsors

A6878A - Details

See Senate Version of this Bill:
S7679
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3691, S7735
2019-2020: A5896, S4742

A6878A - Summary

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

A6878A - Bill Text download pdf

                    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

Co-Sponsors

Multi-Sponsors

A6878B - Details

See Senate Version of this Bill:
S7679
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3691, S7735
2019-2020: A5896, S4742

A6878B - Summary

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

A6878B - Bill Text download pdf

                    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

Co-Sponsors

Multi-Sponsors

A6878C (ACTIVE) - Details

See Senate Version of this Bill:
S7679
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A3691, S7735
2019-2020: A5896, S4742

A6878C (ACTIVE) - Summary

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

A6878C (ACTIVE) - Bill Text download pdf

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

                                 6878--C

                       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, GOTTFRIED,
  MURRAY -- Multi-Sponsored 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 Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended and recommitted to said committee -- reported and referred
  to the Committee on Rules -- Rules Committee discharged, bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-07-6