LIEB BLOG

Legal Media Analysts

Friday, August 06, 2021

New NYS Law Prohibits HOAs from Restricting Solar Installations

As of October 1, 2021, Homeowners Associations will no longer be permitted to blanketly block unit owners from installing solar panels in their full discretion. 


A new NYS law, S2997, prohibits restrictions with "unreasonable limitations" on solar installation, including:


  • Inhibiting solar from functioning at maximum efficiency; and 
  • Increasing solar installation or maintenance costs by more than 10% of total cost of initial installation of SPS.

The new law also requires HOAs to detail the basis for any solar installation rejection. 

Further, the new law includes a private right of action to sue HOAs who violate the law. 

As a result, HOAs better update their House Rules and policies immediately to avoid being sued. 

Did your Board update your policies yet?