The New York State Senate

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

                                  3691

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2017
                               ___________

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

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.
  § 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.
  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.

                                                           LBD07705-01-7

A. 3691                             2

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