|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 14, 2018||referred to judiciary|
senate Bill S7735
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7735 (ACTIVE) - Details
S7735 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7735 SPONSOR: PARKER TITLE OF BILL: An act to amend the real property law, in relation to prohibiting homeowners' associations from restricting the installation or use of solar power systems PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to prohibit homeowners' associations from restricting the installation or use of solar power systems (SBS). SUMMARY OF SPECIFIC PROVISIONS: Section 1. The Real Property Law is amended by adding a new ARTICLE 9-C SOLAR RIGHTS ACT § 342. Certain covenants, conditions, and restrictions of homeowners' association prohibited. 1. Defines "restriction on ue" and "solar power system". 2. A homeowners' association my 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
S7735 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7735 I N S E N A T E February 14, 2018 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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