senate Bill S8518A

Signed By Governor
2021-2022 Legislative Session

Enacts the electric vehicle rights act

download bill text pdf

Sponsored By

Current Bill Status Via A6165 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 22, 2022 signed chap.627
Nov 21, 2022 delivered to governor
May 25, 2022 returned to assembly
passed senate
3rd reading cal.1182
substituted for s8518a
May 25, 2022 substituted by a6165a
May 16, 2022 advanced to third reading
May 11, 2022 2nd report cal.
May 10, 2022 1st report cal.1182
May 05, 2022 print number 8518a
May 05, 2022 amend and recommit to judiciary
Mar 08, 2022 referred to judiciary

S8518 - Details

See Assembly Version of this Bill:
A6165
Law Section:
Real Property Law
Laws Affected:
Add Art 9-D §343, RP L

S8518 - Summary

Enacts the electric vehicle rights act; provides that 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 an electric vehicle charging station.

S8518 - Sponsor Memo

S8518 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8518
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 enacting the elec-
   tric vehicle rights act
 
   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
                        ELECTRIC VEHICLE 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" SHALL  MEAN  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) "ELECTRIC VEHICLE CHARGING STATION" SHALL HAVE THE SAME MEANING AS
 SUCH TERM IS DEFINED IN SECTION THREE  HUNDRED  THIRTY-NINE-LL  OF  THIS
 CHAPTER.
   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 AN ELECTRIC VEHICLE CHARGING
 STATION.  A RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLA-
 TION OR USE OF AN ELECTRIC VEHICLE CHARGING STATION IS UNENFORCEABLE AND
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY. FOR  THE  PURPOSES  OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10014-01-1

Co-Sponsors

S8518A (ACTIVE) - Details

See Assembly Version of this Bill:
A6165
Law Section:
Real Property Law
Laws Affected:
Add Art 9-D §343, RP L

S8518A (ACTIVE) - Summary

Enacts the electric vehicle rights act; provides that 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 an electric vehicle charging station.

S8518A (ACTIVE) - Sponsor Memo

S8518A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8518--A
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the real property law, in relation to enacting the elec-
   tric vehicle rights act

   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-D to read as follows:
                                ARTICLE 9-D
                        ELECTRIC VEHICLE RIGHTS ACT
 SECTION 343. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   §  343. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWNERS'
 ASSOCIATIONS PROHIBITED.  1.  DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (A)  "RESTRICTION  ON  USE"  SHALL  MEAN 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) "ELECTRIC VEHICLE CHARGING STATION" SHALL HAVE THE SAME MEANING AS
 SUCH  TERM  IS  DEFINED  IN SECTION THREE HUNDRED THIRTY-NINE-LL OF THIS
 CHAPTER.
   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 AN ELECTRIC VEHICLE  CHARGING
 STATION.  A RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLA-
 TION OR USE OF AN ELECTRIC VEHICLE CHARGING STATION IS UNENFORCEABLE AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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