What's happening
This bill prohibits homeowners' associations in New York from unreasonably restricting or preventing the installation and use of rooftop solar power systems.
Why it matters
Empowers homeowners to adopt solar energy. By making it illegal for HOAs to unreasonably restrict rooftop solar, the bill removes a major barrier to clean energy adoption, directly supporting individuals who want to lower their electric bills and carbon footprint.
Defines and limits what counts as “unreasonable”. The legislation clarifies that HOAs cannot enforce rules that reduce system efficiency or add more than 10% to installation costs, protecting homeowners from costly or purposely obstructive requirements that could make solar impractical.
Provides transparency and recourse. If an HOA denies a solar installation, they must give a specific, written explanation. Homeowners also gain the right to sue for violations, with potential reimbursement for legal costs, making it easier to challenge unfair restrictions.
Maintains safety standards and common property rights. The bill ensures that all solar installations still comply with existing safety and permitting laws, and allows HOAs to restrict solar panels on shared or HOA-owned property, balancing individual rights with community interests.
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Who cares
Headline styles
Allow Solar Panels for Homeowners
Plain English, a few words. Used as the page title.
Sponsors
25 Co-sponsors
- Jo Anne Simon
- Albert A. Stirpe
- Linda Rosenthal
- Richard Gottfried
- Dean Murray
- Luis R. Sepúlveda
- Fred Thiele
- Charles Barron
- William Colton
- Dan Quart
- Jeffrey Dinowitz
- Robert C. Carroll
- Felix Ortiz
- Patricia Fahy
- Christine Pellegrino
- Thomas Abinanti
- Carmen De La Rosa
- Rebecca Seawright
- Billy Jones
- Amy Paulin
- Al Taylor
- Carmen E. Arroyo
- Angelo Santabarbara
- Crystal Peoples-Stokes
- Deborah Glick
4 Multi-sponsors
History
- Ordered to third reading cal.281
- Ordered to third reading rules cal.51
- Rules report cal.51
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to housing
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Homeowners Install Solar
In Senate Committee · Judiciary · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3691
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. GALEF, SIMON, STIRPE, ROSENTHAL, GOTTFRIED, MURRAY -- Multi-Sponsored by -- M. of A. SKARTADOS, STEC, STECK -read once and referred to the Committee on Housing
AN ACT to amend the real property law, in relation to prohibiting homeowners' associations from restricting the installation or use of solar power systems
The People of the State of New York, represented in Senate and Assembly, 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.
2. A homeowners' association may not adopt or enforce any rules or regulations that would effectively prohibit, or impose unreasonable
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07705-01-7
A. 3691 2
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 homeowners' 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.
6. A person may bring a civil action in a court of competent jurisdiction for any violation of this section. In any action brought pursuant to this section, the court may award the appropriate remedies and costs of litigation, including reasonable attorneys' fees, to the prevailing party.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.