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Senate Bill S8718

2025-2026 Legislative Session

Provides that a homeowners' association may include in its declaration, bylaws, or recorded covenants and restrictions a provision expressly prohibiting the use of a no-impact home-based business

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S8718 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 9-E §344, RP L

2025-S8718 (ACTIVE) - Summary

Provides that a homeowners' association may include in its declaration, bylaws, or recorded covenants and restrictions a provision expressly prohibiting the use of a no-impact home-based business; provides that any such provision shall be approved by at least ninety percent of the total eligible voters of the homeowner's association; provides that any declaration, bylaws, or recorded covenants and restrictions prohibiting such use shall also include a provision stating that such prohibition may be eliminated by a simple majority vote.

2025-S8718 (ACTIVE) - Sponsor Memo

2025-S8718 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8718
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 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 the use of a resi-
   dence as a no-impact home-based business within a homeowners'  associ-
   ation
 
   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
                 NO-IMPACT HOME-BASED BUSINESS 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) "NO-IMPACT HOME-BASED BUSINESS" MEANS A BUSINESS THAT:
   (I) IS CONSISTENT WITH THE RESIDENTIAL CHARACTER OF THE DWELLING UNIT;
   (II)  IS  SUBORDINATE  TO THE USE OF THE DWELLING UNIT FOR RESIDENTIAL
 PURPOSES AND REQUIRES NO EXTERNAL MODIFICATIONS THAT  DETRACT  FROM  THE
 RESIDENTIAL APPEARANCE OF THE DWELLING UNIT;
   (III)  USES  NO  EQUIPMENT  OR  PROCESS THAT CREATES NOISE, VIBRATION,
 GLARE, FUMES, ODORS, OR ELECTRICAL OR ELECTRONIC INTERFERENCE DETECTABLE
 BY NEIGHBORS OR THAT CAUSES AN INCREASE OF COMMON EXPENSES THAT  CAN  BE
 SOLELY AND DIRECTLY ATTRIBUTABLE TO A NO-IMPACT HOME-BASED BUSINESS; AND
   (IV)  DOES  NOT  INVOLVE  USE, STORAGE, OR DISPOSAL OF ANY GROUPING OR
 CLASSIFICATION OF MATERIALS THAT THE UNITED STATES SECRETARY  OF  TRANS-
 PORTATION  OR  THE  STATE  OR  ANY  LOCAL GOVERNING BODY DESIGNATES AS A
 HAZARDOUS MATERIAL.
   2. (A) SUBJECT TO THE PROVISIONS OF SUBDIVISIONS  THREE  AND  FOUR  OF
 THIS  SECTION,  A  RECORDED  COVENANT  OR  RESTRICTION, A PROVISION IN A
 DECLARATION, OR A PROVISION OF THE BYLAWS  OR  RULES  OF  A  HOMEOWNERS'
 ASSOCIATION  THAT PROHIBITS OR RESTRICTS COMMERCIAL OR BUSINESS ACTIVITY
 IN GENERAL, BUT DOES NOT EXPRESSLY APPLY TO NO-IMPACT  HOME-BASED  BUSI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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