Do you support this bill?

Senate Bill S5051

2019-2020 Legislative Session

Relates to the regulation by homeowners' associations of the installation of solar panels on roofs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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

2019-S5051 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 16 §480, RP L

2019-S5051 (ACTIVE) - Summary

Relates to the regulation by homeowners' associations of the installation of solar panels on roofs.

2019-S5051 (ACTIVE) - Sponsor Memo

2019-S5051 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5051
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2019
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 the regulation  by
   homeowners' associations of the installation of solar panels on roofs
 
   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 16
 to read as follows:
                                 ARTICLE 16
            HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL
                               INSTALLATION
 SECTION 480. HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL INSTAL-
                LATION.
   § 480. HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR  PANEL  INSTALLA-
 TION.  1.  NO HOMEOWNERS' ASSOCIATION SHALL, BY DEED RESTRICTION, COVEN-
 ANT, OR SIMILAR BINDING AGREEMENT RUNNING WITH  THE  LAND,  PROHIBIT  OR
 HAVE  THE  EFFECT  OF  PROHIBITING  PHOTOVOLTAIC SOLAR PANELS FROM BEING
 INSTALLED ON THE ROOFS OF BUILDINGS ERECTED ON LOTS OR PARCELS  OF  LAND
 LOCATED WITHIN THE JURISDICTION OF THE HOMEOWNERS' ASSOCIATION.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 A HOMEOWNERS' ASSOCIATION MAY REQUIRE APPROVAL FOR THE  INSTALLATION  OF
 PHOTOVOLTAIC  SOLAR  PANELS  ON ROOFS AND MAY ESTABLISH RESTRICTIONS FOR
 THEIR INSTALLATION, PROVIDED THAT:
   (A) SUCH APPROVAL REQUIREMENTS AND RESTRICTIONS  ARE  REASONABLE,  NOT
 ARBITRARY,  AND  APPLIED  IN A UNIFORM MANNER TO ALL HOMEOWNERS' ASSOCI-
 ATION MEMBERS; AND
   (B) SUCH APPROVAL PROCESS AND RESTRICTIONS SHALL NOT HAVE  THE  EFFECT
 OF  IMPAIRING THE EFFECTIVE OPERATION AND PERFORMANCE, OR INCREASING THE
 COST, OF THE PHOTOVOLTAIC SOLAR PANEL SYSTEM.
   3. A HOMEOWNERS' ASSOCIATION MAY DETERMINE THE  SPECIFIC  LOCATION  ON
 THE ROOF WHERE SUCH PHOTOVOLTAIC SOLAR PANELS MAY BE INSTALLED, PROVIDED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

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