The New York State Senate

 
                     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

 
   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
 SUBDIVISION, AN UNREASONABLE LIMITATION INCLUDES, BUT IS NOT LIMITED TO,
 ANY RESTRICTION ON USE THAT:
   (A) INHIBITS THE ELECTRIC VEHICLE CHARGING STATION FROM FUNCTIONING AT
 ITS INTENDED MAXIMUM EFFICIENCY; OR
   (B) INCREASES THE ELECTRIC VEHICLE CHARGING STATION'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 ELECTRIC
 VEHICLE CHARGING STATION, 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 AN ELECTRIC VEHICLE CHARGING STATION 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.  IF APPROVAL FOR THE INSTALLATION OR USE  OF  AN  ELECTRIC  VEHICLE
 CHARGING  STATION IS REQUIRED BY A HOMEOWNERS' ASSOCIATION, THE APPLICA-
 TION FOR APPROVAL SHALL BE PROCESSED AND APPROVED BY THE ASSOCIATION  IN
 A  MANNER  PRESCRIBED  BY  THE  ASSOCIATION  AND  SHALL NOT BE WILLFULLY
 AVOIDED OR DELAYED. THE APPROVAL OR DENIAL OF AN APPLICATION SHALL BE IN
 WRITING.   ANY DENIAL OF  A  HOMEOWNER'S  APPLICATION  SHALL  INCLUDE  A
 DETAILED DESCRIPTION OF THE EXACT BASIS FOR THE DENIAL AND SHALL INCLUDE
 SPECIFIC EXAMPLES OF THE HOMEOWNERS' ASSOCIATION'S CONCERNS, IF APPLICA-
 BLE.   IF AN APPLICATION IS NOT DENIED IN WRITING WITHIN SIXTY DAYS FROM
 THE DATE OF RECEIPT OF THE APPLICATION, THE APPLICATION SHALL BE  DEEMED
 APPROVED,  UNLESS  THAT  DELAY IS THE RESULT OF A REASONABLE REQUEST FOR
 ADDITIONAL INFORMATION.
   5. AN ELECTRIC VEHICLE CHARGING STATION SHALL  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.
   6. IN ANY ACTION BY A HOMEOWNER REQUESTING TO HAVE AN ELECTRIC VEHICLE
 CHARGING  STATION  INSTALLED AND SEEKING TO ENFORCE COMPLIANCE WITH THIS
 SECTION, THE HOMEOWNER SHALL BE AWARDED REASONABLE ATTORNEY'S FEES IF HE
 OR SHE PREVAILS.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.