Senate Bill S8518A

2021-2022 Legislative Session

Enacts the electric vehicle rights act

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6165 - Passed Senate

  • 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

2021-S8518 - Details

See Assembly Version of this Bill:
A6165
Law Section:
Real Property Law
Laws Affected:
Add Art 9-D §343, RP L
Versions Introduced in 2021-2022 Legislative Session:
S8518, A6165

2021-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.

2021-S8518 - Sponsor Memo

2021-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

2021-S8518A (ACTIVE) - Details

See Assembly Version of this Bill:
A6165
Law Section:
Real Property Law
Laws Affected:
Add Art 9-D §343, RP L
Versions Introduced in 2021-2022 Legislative Session:
S8518, A6165

2021-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.

2021-S8518A (ACTIVE) - Sponsor Memo

2021-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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