A 7911: Relates to enacting the central air conditioner and heat pump rights act; provides that 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 a central air conditioner or heat pump.

  
  STATE OF NEW YORK ________________________________________________________________________ 7911 2025-2026 Regular Sessions  IN ASSEMBLY April 11, 2025 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Housing AN ACT to amend the real property law, in relation to enacting the central air conditioner and heat pump rights act 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 article 2 9-E to read as follows: 3 ARTICLE 9-E 4 CENTRAL AIR CONDITIONER AND HEAT PUMP RIGHTS ACT 5 Section 344. Certain covenants, conditions, and restrictions of homeown- 6 ers' associations prohibited. 7 § 344. Certain covenants, conditions, and restrictions of homeowners' 8 associations prohibited. 1. For the purposes of this section: 9 (a) "restriction on use" shall mean any covenant, restriction, or 10 condition contained in: 11 (i) a deed; 12 (ii) a contract; 13 (iii) the by-laws of a homeowners' association; 14 (iv) any rules or regulations adopted by a homeowners' association; 15 (v) a security agreement; or 16 (vi) any other instrument affecting the transfer or sale of, or any 17 interest in, real property. 18 (b) "central air conditioner" shall mean a type of heating, venti- 19 lation and air conditioning system that is designed to cool an entire 20 home or building, cools air in a central location and distributes it 21 through a network of ducts and vents. 22 (c) "heat pump" shall mean a device that transfers heat from one place 23 to another, using electricity, and can provide both heating and cooling. 24 2. A homeowners' association may not adopt or enforce any rules or 25 regulations that would effectively prohibit, or impose unreasonable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11375-01-5 
 A. 7911 2 1 limitations on, the installation or use of a central air conditioner or 2 heat pump. A restriction on use which effectively prohibits the instal- 3 lation or use of a central air conditioner or heat pump is unenforceable 4 and shall be void as contrary to public policy. For the purposes of this 5 subdivision, an unreasonable limitation includes, but is not limited to, 6 any restriction on use that: 7 (a) inhibits the central air conditioner or heat pump from functioning 8 at its intended maximum efficiency; or 9 (b) increases the central air conditioner or heat pump's installation 10 or maintenance costs by an amount which is estimated to be greater than 11 ten percent of the total cost of the initial installation of the central 12 air conditioner or heat pump, including the costs of labor and equip- 13 ment. 14 3. Notwithstanding subdivision two of this section, a homeowners' 15 association may adopt or enforce a restriction on use to prohibit the 16 installation of a central air conditioner or heat pump that is located 17 on property owned by the homeowners' association or that is located on 18 property owned in common by the members of the homeowners' association. 19 4. If approval for the installation or use of a central air condition- 20 er or heat pump is required by a homeowners' association, the applica- 21 tion for approval shall be processed and approved by the association in 22 a manner prescribed by the association and shall not be willfully 23 avoided or delayed. The approval or denial of an application shall be in 24 writing. Any denial of a homeowner's application shall include a 25 detailed description of the exact basis for the denial and shall include 26 specific examples of the homeowners' association's concerns, if applica- 27 ble. If an application is not denied in writing within sixty days from 28 the date of receipt of the application, the application shall be deemed 29 approved, unless that delay is the result of a reasonable request for 30 additional information. 31 5. A central air conditioner or heat pump shall meet the requirements 32 established by any local, state or federal law, rule or regulation on 33 health and safety standards and those requirements imposed by state and 34 local permitting authorities. 35 6. In any action by a homeowner requesting to have a central air 36 conditioner or heat pump installed and seeking to enforce compliance 37 with this section, the homeowner shall be awarded reasonable attorney's 38 fees if such homeowner prevails. 39 § 2. This act shall take effect on the sixtieth day after it shall 40 have become a law.