Assembly Bill A6165A

2021-2022 Legislative Session

Enacts the electric vehicle rights act

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

  • 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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Actions
Votes

Bill Amendments

co-Sponsors

2021-A6165 - Details

See Senate Version of this Bill:
S8518
Law Section:
Real Property Law
Laws Affected:
Add Art 9-D §343, RP L

2021-A6165 - 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-A6165 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6165
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A6165A (ACTIVE) - Details

See Senate Version of this Bill:
S8518
Law Section:
Real Property Law
Laws Affected:
Add Art 9-D §343, RP L

2021-A6165A (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-A6165A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6165--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. EPSTEIN, GALLAGHER, STECK, JACKSON, GALEF -- read
   once  and  referred  to the Committee on Housing -- recommitted to the
   Committee on Housing in accordance with Assembly Rule  3,  sec.  2  --
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10014-02-2
 A. 6165--A                          2

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