What's happening
This bill prohibits homeowners' associations in New York from restricting or unreasonably limiting rooftop solar power system installations.
Why it matters
Expands homeowner rights. By invalidating HOA restrictions that prohibit or unreasonably limit rooftop solar, the bill empowers individual property owners to adopt renewable energy without fear of penalty or forced removal, potentially making solar power more accessible and attractive.
Defines “unreasonable limitation”. The law spells out what counts as unreasonable, including rules that reduce solar panel efficiency or increase installation/maintenance costs by more than 10%. This ensures HOAs can’t use indirect methods (like costly requirements or inefficient placements) to discourage solar adoption.
Requires transparency in denial. If an HOA denies a homeowner’s solar installation, it must now provide a detailed written explanation with specific concerns. This improves accountability and gives homeowners a clearer pathway to contest unfair decisions.
Maintains safety and community property protections. While strengthening homeowner solar rights, the bill still lets HOAs restrict solar on common or association-owned property and requires all installations to meet existing health, safety, and permitting codes, balancing individual and community interests.
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Who cares
Headline styles
Allow Solar Panels on Homes
Plain English, a few words. Used as the page title.
Sponsors
28 Co-sponsors
- Crystal Peoples-Stokes
- Charles Barron
- Carmen De La Rosa
- Felix Ortiz
- Linda Rosenthal
- Al Taylor
- Richard Gottfried
- Amy Paulin
- Jeffrey Dinowitz
- Thomas Abinanti
- Carmen E. Arroyo
- Patricia Fahy
- Deborah Glick
- Jo Anne Simon
- Albert A. Stirpe
- Angelo Santabarbara
- Rebecca Seawright
- Fred Thiele
- William Colton
- Dan Quart
- Robert C. Carroll
- Billy Jones
- David Weprin
- Jonathan Jacobson
- Walter T. Mosley
- Aravella Simotas
- Michael J. Norris
- David Buchwald
4 Multi-sponsors
History
- Advanced to third reading cal.461
- Reported
- Reported referred to codes
- Referred to housing
- Print number 5896a
- Amend and recommit to housing
- 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.
Protect Home Solar Rights
In Senate Committee · Rules · Sponsor Kevin S. Parker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5896--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 20, 2019
Introduced by M. of A. GALEF, PEOPLES-STOKES, BARRON, DE LA ROSA, ORTIZ, L. ROSENTHAL, TAYLOR, GOTTFRIED, PAULIN, DINOWITZ, ABINANTI, ARROYO, FAHY, GLICK, SIMON, STIRPE, SANTABARBARA, SEAWRIGHT, THIELE, COLTON, QUART, CARROLL, JONES -- Multi-Sponsored by -- M. of A. LUPARDO, STEC, STECK -- read once and referred to the Committee on Housing -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00248-03-9
A. 5896--A 2
(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 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.
§ 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.