Assembly Bill A5896

2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A5896 - Details

Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6878
2017-2018: A3691
2021-2022: A1933

2019-A5896 - Summary

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

2019-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

multi-Sponsors

2019-A5896A (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A6878
2017-2018: A3691
2021-2022: A1933

2019-A5896A (ACTIVE) - Summary

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

2019-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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