What's happening
This bill prohibits homeowners' associations in New York from restricting or unreasonably limiting rooftop solar power system installations.
Why it matters
Removes a significant barrier to residential solar adoption by making any HOA rule or agreement that “effectively prohibits” or unreasonably limits rooftop solar systems legally unenforceable, directly supporting homeowners who want to reduce energy costs and their carbon footprint.
Defines “unreasonable limitation” to include any HOA rule that would decrease a solar system’s efficiency or make installation/maintenance more than 10% costlier, protecting homeowners from hidden or indirect restrictions that could otherwise discourage solar investments.
Requires HOAs to provide detailed, written justifications for any denial of a solar installation, increasing transparency and ensuring homeowners receive clear, actionable information if their request is rejected.
Establishes a right for homeowners to take legal action, including the recovery of attorney’s fees if they prevail, empowering residents to defend their solar rights and deterring HOAs from pursuing unlawful restrictions.
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Who cares
Headline styles
Let Homeowners Install Solar
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to judiciary
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.
Allow Solar Panels for Homeowners
Assembly Floor Calendar · Sponsor Sandy Galef
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7735
IN SENATE
February 14, 2018
Introduced by Sen. PARKER -- 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 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07705-01-7
S. 7735 2
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.
Sponsor's memo
Title of bill
An act to amend the real property law, in relation to prohibiting homeowners' associations from restricting the installation or use of solar power systems
Purpose or general idea of bill
The purpose of this legislation is to prohibit homeowners' associations from restricting the installation or use of solar power systems (SBS).
Summary of specific provisions
Section 1. The Real Property Law is amended by adding a new ARTICLE 9-C SOLAR RIGHTS ACT § 342. Certain covenants, conditions, and restrictions of homeowners' association prohibited. 1. Defines "restriction on ue" and "solar power system". 2. A homeowners' association my not adopt or enforce any rules or regulations that would effectively prohibit, or impose unreasonable 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 purpose of this subdivi- sion, an unreasonable limitation includes, but is not limited to, any restriction on use that: (a) inhibits the SPS from functioning at its intended maximum efficiency; or (b) increases the SPS's installation or maintenance costs by more than 10% of the total cost of the initial installation of the system. 3. Notwithstanding subdivision two of this section, a homeowners' association my adopt or enforce a restriction on use to prohibit the installation of a SPS 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 SPS by an association must include details for the rejection. 5. A SPS must meet 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 liti- gation to the prevailing party.
Section 2. Establishes the effective date.
Justification
The New York State Governor and Legislature have embarked upon a multi- year, multi-pronged initiative to promote solar investment and use. To meet the goals, however, solar power opportunities must be expanded to those, who for a variety of reasons, have been prevented from installing solar systems, particularly solar arrays, on their homes. Most homeowner associations, for example, have not adapted their by-lays to provide homeowners with the option. States such as Arizona, California, Florida and Massachusetts have remedied the problem by enacting laws to prohibit homeowner associations from banning or curtailing the installation of solar arrays on one's roof.
Compounding the problem is the lack of consistency regarding homeowner association by-laws. There is no common standard governing the installa- tion and most if not all homeowner associations reject such installation without citing reasons. Frequently, litigation results with dissimilar outcomes. This legislation would permit homeowners the right to install solar arrays in consultation with their homeowners' association. It would thus expand the use of solar power systems for homeowners, while granting a role in the decision-making process to the homeowner associ- ations.
Prior legislative history
A. 6878-C and S. 7679-B of 2015/2016
Fiscal implications
There are no fiscal implications associated with this legislation.
Effective date
This act shall take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.