N.Y. Real Prop. Law § 343

Current through 2024 NY Law Chapter 553

Section 343 - Certain covenants, conditions, and restrictions of homeowners' associations prohibited

1. Definitions. For the purposes of this section:

(a) "restriction on use" shall mean 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) "electric vehicle charging station" shall have the same meaning as such term is defined in section three hundred thirty-nine- ll of this chapter.

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 an electric vehicle charging station. A restriction on use which effectively prohibits the installation or use of an electric vehicle charging station 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 electric vehicle charging station from functioning at its intended maximum efficiency; or

(b) increases the electric vehicle charging station'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 electric vehicle charging station, 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 an electric vehicle charging station 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. If approval for the installation or use of an electric vehicle charging station is required by a homeowners' association, 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. Any denial of a homeowner's application shall include a detailed description of the exact basis for the denial and shall include specific examples of the homeowners' association's concerns, if applicable. 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.

5. An electric vehicle charging station shall 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. In any action by a homeowner requesting to have an electric vehicle charging station installed and seeking to enforce compliance with this section, the homeowner shall be awarded reasonable attorney's fees if he or she prevails.

N.Y. Real Prop. Law § 343

Added by New York Laws 2022, ch. 627,Sec. 1, eff. 1/21/2023.