NY State Senate Bill 2019-S5051

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

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Apr 04, 2019	referred to judiciary

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.

                                                            LBD11068-01-9

 S. 5051                             2
 
 THAT  SUCH PANELS FACE FORTY-FIVE DEGREES OF DUE SOUTH AND SUCH LOCATION
 DOES NOT IMPAIR THE EFFECTIVE OPERATION AND PERFORMANCE OF THE PHOTOVOL-
 TAIC SOLAR PANEL SYSTEM.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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