senate Bill S4742

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

Current Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2019 referred to housing
delivered to assembly
passed senate
Apr 29, 2019 advanced to third reading
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.452
Apr 03, 2019 print number 4742a
Apr 03, 2019 amend and recommit to housing, construction and community development
Mar 22, 2019 referred to housing, construction and community development

Votes

view votes

Apr 8, 2019 - Housing, Construction and Community Development committee Vote

S4742A
9
1
committee
9
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 8, 2019

nay (1)
aye wr (1)

Co-Sponsors

S4742 - Details

See Assembly Version of this Bill:
A5896
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7679, A6878
2017-2018: S7735, A3691

S4742 - Summary

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

S4742 - Sponsor Memo

S4742 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4742

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 22, 2019
                               ___________

Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Housing, Construction and Community Development

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.
  2. A HOMEOWNERS' ASSOCIATION MAY NOT ADOPT OR  ENFORCE  ANY  RULES  OR
REGULATIONS  THAT  WOULD  EFFECTIVELY  PROHIBIT,  OR IMPOSE UNREASONABLE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S4742A (ACTIVE) - Details

See Assembly Version of this Bill:
A5896
Law Section:
Real Property Law
Laws Affected:
Add Art 9-C §342, RP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7679, A6878
2017-2018: S7735, A3691

S4742A (ACTIVE) - Summary

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

S4742A (ACTIVE) - Sponsor Memo

S4742A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4742--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 22, 2019
                               ___________

Introduced by Sens. PARKER, BROOKS, KENNEDY, SEPULVEDA -- read twice and
  ordered  printed, and when printed to be committed to the Committee on
  Housing,  Construction  and   Community   Development   --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  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.
  (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.

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