What's happening
This bill allows condominium owners in New York to install electric vehicle charging stations, limiting unreasonable restrictions by associations.
Why it matters
Makes it harder for condo associations to block EV charging stations. The bill voids any condo rules or building restrictions that effectively prohibit or unreasonably restrict an owner from installing an electric vehicle (EV) charging station in their unit or designated parking spot, unless the restrictions are deemed "reasonable" (i.e., don’t add significant cost or reduce performance).
Shifts responsibility and costs to the owner. Condo owners who install charging stations must pay for installation, electricity, insurance, and repairs. They’re also responsible for any damages or maintenance, and must disclose the station and related responsibilities to future buyers.
Sets clear approval process and deadlines. Condo associations must process installation requests without undue delay, and if they fail to respond in writing within 60 days, the application is automatically approved (unless more information is reasonably requested). Installation must still meet health and safety codes.
Provides enforcement and legal recourse. If an association willfully violates the law, it can face actual damages, a civil penalty (up to $1,000), and be required to pay the owner's legal fees if the owner sues and wins—giving owners strong tools to challenge unjust denials.
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Who cares
Headline styles
Allow Condo EV Chargers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Signed chap.597
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.365
- Substituted for A6338A
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1554
- Committee discharged and committed to rules
- Print number 5157a
Show 2 earlier actions
- Amend and recommit to judiciary
- 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 EV Chargers in Condos
Assembly Floor Calendar · Sponsor Patricia Fahy
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5157--A
2019-2020 Regular Sessions
IN SENATE
April 11, 2019
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the real property law, in relation to electric vehicle charging station installation in condominiums
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 section 339-ll to read as follows:
§ 339-ll. Electric vehicle charging station installation. 1. As used in this section:
(a) "Reasonable restrictions" means restrictions that do not significantly increase the cost of the station or significantly decrease its efficiency or specified performance.
(b) "Electric vehicle charging station" means a station that delivers electricity from a source outside an electric vehicle into one or more electric vehicles. An electric vehicle charging station may include several charge points simultaneously connecting several electric vehicles to the station and any related equipment needed to facilitate charging plug-in electric vehicles.
2. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in the property, and any by-laws, that either effectively prohibits or unreasonably restricts the installation or use of an electric vehicle charging station within an owner's unit or in a designated parking space, including, but not limited to, a deeded parking space, a parking space in an owner's exclusive use common element, or a parking space that is specifically designated for use by a particular owner, or is in conflict with the provisions of this section shall be void and unenforceable.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09641-03-9
S. 5157--A 2
(b) This section shall not apply to by-laws that impose reasonable restrictions on electric vehicle charging stations. However, it is the policy of the state to promote, encourage, and remove obstacles to the use of electric vehicle charging stations.
(c) An electric vehicle charging station shall meet all applicable health and safety standards and requirements imposed by law, rule or regulation.
(d) If approval is required for the installation or use of an electric vehicle charging station the application for approval shall be processed and approved by the association in a manner prescribed by the association and shall not be willfully avoided or delayed. The approval or denial of an application shall be in writing. If an application is not denied in writing within sixty days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.
(e) If the electric vehicle charging station is to be placed in the common elements or in an exclusive use common element, as designated in the common interest declaration, the following provisions shall apply:
(i) The owner first shall obtain approval from the association to install the electric vehicle charging station and the association shall approve the installation if the owner agrees in writing to do all of the following:
(A) comply with the association's architectural standards for the installation of the charging station;
(B) engage a licensed contractor to install the charging station;
(C) within fourteen days of approval, provide a certificate of insurance that names the association as an additional insured under the owner's insurance policy pursuant to subparagraph (iii) of this paragraph; and
(D) pay for both the costs associated with the installation of and the electricity usage associated with the charging station.
(ii) The owner and each successive owner of the charging station shall be responsible for all of the following:
(A) costs for damage to the charging station, common elements, exclusive use common elements, or separate units resulting from the installation, maintenance, repair, removal, or replacement of the charging station;
(B) costs for the maintenance, repair, and replacement of the charging station until it has been removed and for the restoration of the common elements after removal;
(C) the cost of electricity associated with the charging station; and
(D) disclosing to prospective buyers the existence of any charging station of the owner and the related responsibilities of the owner under this section.
(iii) The owner of the charging station, whether located within a separate unit or within the common elements or exclusive use common elements, shall, at all times, maintain a liability coverage policy. The owner that submitted the application to install the charging station shall provide the association with the corresponding certificate of insurance within fourteen days of approval of the application. That owner and each successor owner shall provide the association with the certificate of insurance annually thereafter.
(iv) A homeowner shall not be required to maintain a homeowners liability coverage policy for an existing national electrical manufacturers association standard alternating current power plug.
S. 5157--A 3
(f) Except as provided in paragraph (g) of this subdivision, installation of an electric vehicle charging station for the exclusive use of an owner in a common element, that is not an exclusive use common element, shall be authorized by the association only if installation in the owner's designated parking space is impossible or unreasonably expensive. In such cases, the association shall enter into a license agreement with the owner for the use of the space in a common area, and the owner shall comply with all of the requirements in paragraph (e) of this subdivision.
(g) The association or owners may install an electric vehicle charging station in the common elements for the use of all members of the association and, in that case, the association shall develop appropriate terms of use for the charging station.
(h) An association may create a new parking space where one did not previously exist to facilitate the installation of an electric vehicle charging station.
(i) An association that willfully violates this section shall be liable to the applicant or other party for actual damages, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars.
(j) In any action by a unit owner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the unit owner shall be awarded reasonable attorney's fees if he or she prevails.
§ 2. This act shall take effect immediately.
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 electric vehicle charging station installation in condominiums
Purpose or general idea of bill
AN ACT to amend the real property law, in relation to electric vehicle charging station installation in condominiums
Summary of provisions
This bill amends section 339 of the Real Prop- erty Law (the Condominium Act) by adding new section 339-11:
Section 1: Definitions:
(a) Adds definition of "reasonable restrictions."
(b) Adds definition of "electric vehicle charging station." Subsection 2:
(a) Makes severable any provision within a deed, contract, security instrument or other instrument affecting the sale or transfer of inter- est in any condominium-style real property that either effectively prohibits or unreasonably restricts the installation of an electric vehicle charging station.
(b) This section shall not apply to reasonable restrictions as defined in Section 1 (a) of this bill.
(c) Requires an electric vehicle charging stations meet all applicable health and safety standards.
(d) Requires any approval process for an electric vehicle charging station to be in writing and completed within in 60 days.
(e) Defines process for approval of an electric vehicle charging station within common elements of a condominium complex.
(f) Describes procedure for installation of an electric vehicle charging station for the exclusive use of the owner within common elements of a condominium complex.
(g) Describes terms by which a condominium association shall install an electric vehicle charging station for common use.
(h) Permits an association to install a new parking space to facilitate the installation of an electric vehicle charging station.
(i) Creates a civil penalty and designates civil liability for associ- ations in violation of this section.
(j) Holds responsible any association in violation of this section for the attorney's fees of a unit owner seeking to enforce compliance with this section.
Section 2: Sets the effective date.
Justification
As more New Yorkers opt to use electric vehicles, a major impediment to their widespread adoption has been "range anxiety," or the concern that a lack of electric vehicle charging infrastructure will limit the utili- ty of owning such a vehicle. This is especially true for owners of condominium units, who, unlike traditional homeowners, can face addi- tional bureaucratic hurdles in the installation of a charging station. This bill aims to remedy this situation by granting unit owners greater rights for the installation of electric vehicle charging stations and creating a procedure by which a condominium association may approve the installation of such a station.
Prior legislative history
None, New Bill
Fiscal implications for state and local governments
None
Effective date
This act shall take effect immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.