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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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

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

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

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