What's happening
This bill prohibits homeowners' associations from banning rooftop solar panels, but allows reasonable, non-arbitrary restrictions and approval processes.
Why it matters
Expands homeowner rights. by ensuring that individuals living in communities with homeowners' associations (HOAs) cannot be outright prevented from installing solar panels, supporting broader access to renewable energy.
Limits HOA power. to purely aesthetic or procedural concerns, requiring that any restrictions or approval processes they impose must be reasonable, applied uniformly, and not designed to discourage solar panel adoption by making it more difficult or expensive.
Protects solar panel effectiveness. by prohibiting HOAs from mandating installation locations that would significantly reduce the panels’ performance, except for minor adjustments (such as a requirement that panels face within forty-five degrees of due south).
Could boost local solar adoption. by removing a common barrier faced by homeowners interested in solar energy, potentially lowering energy costs and contributing to statewide clean energy goals.
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Who cares
Headline styles
Let Homeowners Install Solar
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5051
2019-2020 Regular Sessions
IN SENATE
April 4, 2019
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 the regulation by homeowners' associations of the installation of solar panels on roofs
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 16 to read as follows:
ARTICLE 16
HOMEOWNERS' ASSOCIATIONS; REGULATION OF SOLAR PANEL
INSTALLATION Section 480. Homeowners' associations; regulation of solar panel instal-
lation.
§ 480. Homeowners' associations; regulation of solar panel installation. 1. No homeowners' association shall, by deed restriction, covenant, or similar binding agreement running with the land, prohibit or have the effect of prohibiting photovoltaic solar panels from being installed on the roofs of buildings erected on lots or parcels of land located within the jurisdiction of the homeowners' association.
2. Notwithstanding the provisions of subdivision one of this section, a homeowners' association may require approval for the installation of photovoltaic solar panels on roofs and may establish restrictions for their installation, provided that:
(a) such approval requirements and restrictions are reasonable, not arbitrary, and applied in a uniform manner to all homeowners' association members; and
(b) such approval process and restrictions shall not have the effect of impairing the effective operation and performance, or increasing the cost, of the photovoltaic solar panel system.
3. A homeowners' association may determine the specific location on the roof where such photovoltaic solar panels may be installed, provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11068-01-9
S. 5051 2
that such panels face forty-five degrees of due south and such location does not impair the effective operation and performance of the photovoltaic solar panel system.
§ 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 the regulation by homeowners' associations of the installation of solar panels on roofs
Purpose
This bill would prevent homeowners' associations from prohibiting solar panels from being installed on the land within the jurisdiction of the homeowners' association.
Summary of provisions
Section 1 amends the real property law by adding a new article 16 to prevent homeowners' associations from refusing the installations of solar panels on property within their jurisdiction.
Section 2 sets the effective date.
Justification
New York State has ambitious goals to decrease emissions and expand the use of renewable energy. A 2009 Executive Order called for an eighty percent reduction in gas emissions by 2050. To reach these goals we need to remove barriers that would prevent someone from making a renewable energy installation. Despite this, homeowners' associations are current- ly allowed to prevent a homeowner from installing solar panels.
New Yorkers who want to make strides in decreasing their carbon foot- print should be able to install solar panels on their property without homeowners' associations preventing it. This legislation would stop these associations from banning solar panels on roofs or land within their jurisdiction.
Legislative history
This is a new bill.
Fiscal implications
None to the state.
Effective date
This bill shall take effect sixty days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.