Senate Bill S2997

Signed By Governor
2021-2022 Legislative Session

Relates to the installation or use of solar power systems within a homeowners' association

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2021-S2997 (ACTIVE) - Details

See Assembly Version of this Bill:
A1933
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
2019-2020: S4742, A5896

2021-S2997 (ACTIVE) - Summary

Relates to the installation or use of solar power systems within a homeowners' association.

2021-S2997 (ACTIVE) - Sponsor Memo

2021-S2997 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2997
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 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  the  installation
   or use of solar power systems within a homeowners' association

   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
 LIMITATIONS ON, THE INSTALLATION OR USE  OF  A  SOLAR  POWER  SYSTEM.  A

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

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