S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1933
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by M. of A. GALEF, PEOPLES-STOKES, GOTTFRIED, PAULIN, DINOW-
   ITZ, ABINANTI, L. ROSENTHAL, WEPRIN, GLICK, THIELE,  BARRON,  CARROLL,
   COLTON,  DE LA ROSA,  FAHY,  JACOBSON, JONES, NORRIS, QUART, SANTABAR-
   BARA, SEAWRIGHT, SIMON, STIRPE, TAYLOR -- Multi-Sponsored by -- M.  of
   A.    ENGLEBRIGHT,  LUPARDO,  STECK  --  read once and referred to the
   Committee on Housing
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05416-02-1

 A. 1933                             2
 
   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
 RESTRICTION  ON  USE WHICH EFFECTIVELY PROHIBITS THE INSTALLATION OR USE
 OF  A  SOLAR POWER SYSTEM IS UNENFORCEABLE AND SHALL BE VOID AS CONTRARY
 TO PUBLIC POLICY. FOR THE PURPOSES OF THIS SUBDIVISION, AN  UNREASONABLE
 LIMITATION INCLUDES, BUT IS NOT LIMITED TO, ANY RESTRICTION ON USE THAT:
   (A)  INHIBITS  THE SOLAR POWER SYSTEM FROM FUNCTIONING AT ITS INTENDED
 MAXIMUM EFFICIENCY; OR
   (B) INCREASES THE SOLAR POWER  SYSTEM'S  INSTALLATION  OR  MAINTENANCE
 COSTS  BY AN AMOUNT WHICH IS ESTIMATED TO BE GREATER THAN TEN PERCENT OF
 THE TOTAL COST OF THE INITIAL INSTALLATION OF THE  SOLAR  POWER  SYSTEM,
 INCLUDING THE COSTS OF LABOR AND EQUIPMENT.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
 ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
 INSTALLATION  OF  A SOLAR POWER SYSTEM THAT IS LOCATED ON PROPERTY OWNED
 BY THE HOMEOWNERS' ASSOCIATION OR THAT IS LOCATED ON PROPERTY  OWNED  IN
 COMMON BY THE MEMBERS OF THE HOMEOWNERS' ASSOCIATION.
   4. ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF A SOLAR POWER SYSTEM BY
 A  HOMEOWNERS'  ASSOCIATION  MUST  INCLUDE A DETAILED DESCRIPTION OF THE
 EXACT BASIS FOR REJECTION IN WRITING WITH SPECIFIC EXAMPLES OF THE HOME-
 OWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
   5. A SOLAR POWER SYSTEM MUST MEET THE REQUIREMENTS ESTABLISHED BY  ANY
 LOCAL,  STATE  OR  FEDERAL  LAW, RULE OR REGULATION ON HEALTH AND SAFETY
 STANDARDS AND THOSE REQUIREMENTS IMPOSED BY STATE AND  LOCAL  PERMITTING
 AUTHORITIES.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.