assembly Bill A3691

2017-2018 Legislative Session

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

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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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.281
Apr 24, 2017 ordered to third reading rules cal.51
rules report cal.51
reported
Apr 04, 2017 reported referred to rules
Mar 22, 2017 reported referred to codes
Jan 30, 2017 referred to housing

Co-Sponsors

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Multi-Sponsors

A3691 (ACTIVE) - Details

See Senate Version of this Bill:
S7735
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6878, S7679
2019-2020: A5896, S4742

A3691 (ACTIVE) - Summary

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

A3691 (ACTIVE) - Bill Text download pdf


                    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.