assembly Bill A5896A

2019-2020 Legislative Session

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

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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
Mar 05, 2020 advanced to third reading cal.461
Mar 03, 2020 reported
Feb 25, 2020 reported referred to codes
Jan 08, 2020 referred to housing
Jun 11, 2019 print number 5896a
Jun 11, 2019 amend and recommit to housing
Feb 20, 2019 referred to housing

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5896 - Details

See Senate Version of this Bill:
S4742
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6878, S7679
2017-2018: A3691, S7735
2021-2022: A1933

A5896 - Summary

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

A5896 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5896
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced by M. of A. GALEF, PEOPLES-STOKES, BARRON, DE LA ROSA, ORTIZ,
   L. ROSENTHAL,  TAYLOR,  GOTTFRIED, PAULIN, DINOWITZ, ABINANTI, ARROYO,
   FAHY, GLICK, SIMON, STIRPE, SANTABARBARA, SEAWRIGHT,  THIELE,  COLTON,
   QUART, CARROLL, JONES -- Multi-Sponsored by -- M. of A. LUPARDO, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5896A (ACTIVE) - Details

See Senate Version of this Bill:
S4742
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6878, S7679
2017-2018: A3691, S7735
2021-2022: A1933

A5896A (ACTIVE) - Summary

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

A5896A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5896--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 Introduced by M. of A. GALEF, PEOPLES-STOKES, BARRON, DE LA ROSA, ORTIZ,
   L. ROSENTHAL,  TAYLOR,  GOTTFRIED, PAULIN, DINOWITZ, ABINANTI, ARROYO,
   FAHY, GLICK, SIMON, STIRPE, SANTABARBARA, SEAWRIGHT,  THIELE,  COLTON,
   QUART, CARROLL, JONES -- Multi-Sponsored by -- M. of A. LUPARDO, STEC,
   STECK -- read once and referred to the Committee on Housing -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
   §  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.
                                                            LBD00248-03-9