Senate Bill S8972

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8972
 
                             I N  S E N A T E
 
                               April 4, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 beek-
   eeping 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-E to read as follows:
                                 ARTICLE 9-E
                           BEEKEEPING RIGHTS ACT
 SECTION 344. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
                ERS' ASSOCIATIONS PROHIBITED.
   § 344. 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) "APIARY" SHALL HAVE THE SAME MEANING AS SUCH TERM  IS  DEFINED  IN
 SECTION ONE HUNDRED SEVENTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW.
   (C) "BEEKEEPER" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
 SECTION ONE HUNDRED SEVENTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW.
   (D)  "COLONY"  SHALL  HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN
 SECTION ONE HUNDRED SEVENTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW.
   2. (A) 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 APIARY ON PROPERTY OWNED
 OR  LEASED  WHICH  IS  SUBJECT  TO  THE   COVENANTS,   CONDITIONS,   AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14618-01-4
 S. 8972                             2
 
 RESTRICTIONS  OF  SUCH  HOMEOWNERS'  ASSOCIATION WHERE (I) THE COLONY IS
 MAINTAINED FOR THE PURPOSE OF THE PRODUCTION  OF  HONEY,  AND  (II)  THE
 BEEKEEPER IS IN COMPLIANCE WITH THE PROVISIONS OF ARTICLE FIFTEEN OF THE
 AGRICULTURE  AND  MARKETS  LAW.  A  RESTRICTION ON USE WHICH EFFECTIVELY
 PROHIBITS THE INSTALLATION OR USE OF  AN  APIARY  IS  UNENFORCEABLE  AND
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   (B)  FOR  THE PURPOSES OF THIS SUBDIVISION, AN UNREASONABLE LIMITATION
 INCLUDES, BUT IS NOT LIMITED TO, ANY RESTRICTION ON USE THAT:
   (I) INHIBITS AN APIARY FROM FUNCTIONING AT ITS INTENDED MAXIMUM  EFFI-
 CIENCY; OR
   (II)  INCREASES  THE  APIARY'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 APIARY, 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 APIARY WHERE SUCH RESTRICTIONS  ARE  CONSISTENT  WITH
 THE PROVISIONS OF ARTICLE FIFTEEN OF THE AGRICULTURE AND MARKETS LAW.
   4. IF APPROVAL FOR THE INSTALLATION OR USE OF AN APIARY IS REQUIRED BY
 A  HOMEOWNERS'  ASSOCIATION, THE APPLICATION FOR APPROVAL SHALL BE PROC-
 ESSED 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 AN APPLI-
 CATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE EXACT BASIS  FOR  THE
 DENIAL  AND  SHALL  INCLUDE SPECIFIC EXAMPLES OF THE HOMEOWNERS' ASSOCI-
 ATION'S CONCERNS, IF APPLICABLE. 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  APIARY  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 AUTHORI-
 TIES.
   6. IN ANY ACTION BY AN INDIVIDUAL REQUESTING TO  HAVE  AN  APIARY  AND
 SEEKING TO ENFORCE COMPLIANCE WITH THIS SECTION, THE INDIVIDUAL SHALL BE
 AWARDED REASONABLE ATTORNEY'S FEES IF SUCH INDIVIDUAL PREVAILS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.