Bill Text: NY A08954 | 2013-2014 | General Assembly | Introduced

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Bill Title: Authorizes the installation of solar energy systems on individual cooperative apartments.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Introduced - Dead) 2014-03-04 - referred to housing [A08954 Detail]

Download: New_York-2013-A08954-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8954
                                 I N  A S S E M B L Y
                                     March 4, 2014
                                      ___________
       Introduced  by  M. of A. GALEF, OTIS, RAIA, MONTESANO -- Multi-Sponsored
         by -- M. of A.  McLAUGHLIN, MOSLEY, RIVERA, SKARTADOS, THIELE --  read
         once and referred to the Committee on Housing
       AN  ACT  to  amend  the  real  property law, in relation to solar energy
         systems on cooperative apartments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  real property law is amended by adding a new section
    2  339-ll to read as follows:
    3    S 339-LL. INSTALLATION OF SOLAR ENERGY SYSTEM ON COOPERATIVE APARTMENT
    4  ROOFS. 1. FOR THE PURPOSES OF THE INSTALLATION OF SOLAR ENERGY SYSTEM ON
    5  INDIVIDUAL COOPERATIVE APARTMENT ROOFS, A ROOF SHALL NOT BE CONSIDERED A
    6  COMMON ELEMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION
    7  THREE HUNDRED THIRTY-NINE-E OF THIS ARTICLE.
    8    2. ANY TENANT-SHAREHOLDER SHALL HAVE THE  RIGHT  TO  INSTALL  A  SOLAR
    9  ENERGY SYSTEM ON HIS OR HER INDIVIDUAL ROOF UNLESS THERE IS A COMPELLING
   10  REASON FOR THE BOARD OF DIRECTORS OF THE COOPERATIVE CORPORATION TO DENY
   11  SUCH  INSTALLATION.  PRIOR  TO  ANY INSTALLATION, THE GOVERNING BOARD OF
   12  DIRECTORS OF THE COOPERATIVE CORPORATION SHALL  BE  CONSULTED  REGARDING
   13  THE  AESTHETICS  OF  THE INSTALLATION AS SUCH SOLAR PANEL RELATES TO THE
   14  OVERALL APPEARANCE OF THE ROOF OR ROOFS. SUCH  TENANT-SHAREHOLDER  SHALL
   15  BE  RESPONSIBLE  FOR  THE  INSTALLATION,  MAINTENANCE AND REMOVAL OF THE
   16  SOLAR ENERGY SYSTEM, AS WELL AS ANY DAMAGES INCURRED BY A  PERSON  AS  A
   17  RESULT  OF  SUCH  SOLAR  ENERGY SYSTEM. ALL OTHER TENANT-SHAREHOLDERS OF
   18  SUCH COOPERATIVE CORPORATION SHALL BE  HELD  HARMLESS  FOR  ANY  DAMAGES
   19  CAUSED BY THE INSTALLATION OF SUCH SOLAR ENERGY SYSTEM.
   20    S 2. Section 339-k of the real property law, as added by chapter 82 of
   21  the laws of 1964, is amended to read as follows:
   22    S  339-k. Certain work prohibited. No unit owner OR TENANT-SHAREHOLDER
   23  OF A COOPERATIVE CORPORATION shall do any work  which  would  jeopardize
   24  the  soundness  or  safety  of the property, reduce the value thereof or
   25  impair any easement or hereditament, nor may  any  unit  owner  add  any
   26  material  structure or excavate any additional basement or cellar, with-
   27  out  in  every  such  case  the  consent  of  all  the  unit  owners  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13799-01-4
       A. 8954                             2
    1  TENANT-SHAREHOLDERS  OF  A  COOPERATIVE CORPORATION affected being first
    2  obtained.  THIS SECTION SHALL NOT APPLY TO  THE  INSTALLATION  OF  SOLAR
    3  ENERGY SYSTEMS.
    4    S 3. This act shall take effect immediately.