S 6908: Enacts the beekeeping rights act to prohibit homeowners' associations from adopting or enforcing any rules or regulations that would effectively prohibit, or impose unreasonable limitations on, the installation or use of an apiary.

  
  STATE OF NEW YORK ________________________________________________________________________ 6908 2025-2026 Regular Sessions  IN SENATE March 26, 2025 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to enacting the beek- eeping 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 BEEKEEPING 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. Definitions. For the purposes of this 9 section: 10 (a) "restriction on use" shall mean any covenant, restriction, or 11 condition contained in: 12 (i) a deed; 13 (ii) a contract; 14 (iii) the by-laws of a homeowners' association; 15 (iv) any rules or regulations adopted by a homeowners' association; 16 (v) a security agreement; or 17 (vi) any other instrument affecting the transfer or sale of, or any 18 interest in, real property. 19 (b) "apiary" shall have the same meaning as such term is defined in 20 section one hundred seventy-three-a of the agriculture and markets law. 21 (c) "beekeeper" shall have the same meaning as such term is defined in 22 section one hundred seventy-three-a of the agriculture and markets law. 23 (d) "colony" shall have the same meaning as such term is defined in 24 section one hundred seventy-three-a of the agriculture and markets law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11172-01-5 
 S. 6908 2 1 2. (a) A homeowners' association may not adopt or enforce any rules or 2 regulations that would effectively prohibit, or impose unreasonable 3 limitations on, the installation or use of an apiary on property owned 4 or leased which is subject to the covenants, conditions, and 5 restrictions of such homeowners' association where (i) the colony is 6 maintained for the purpose of the production of honey, and (ii) the 7 beekeeper is in compliance with the provisions of article fifteen of the 8 agriculture and markets law. A restriction on use which effectively 9 prohibits the installation or use of an apiary is unenforceable and 10 shall be void as contrary to public policy. 11 (b) For the purposes of this subdivision, an unreasonable limitation 12 includes, but is not limited to, any restriction on use that: 13 (i) inhibits an apiary from functioning at its intended maximum effi- 14 ciency; or 15 (ii) increases the apiary's installation or maintenance costs by an 16 amount which is estimated to be greater than ten percent of the total 17 cost of the initial installation of the apiary, including the costs of 18 labor and equipment. 19 3. Notwithstanding subdivision two of this section, a homeowners' 20 association may adopt or enforce a restriction on use to prohibit the 21 installation of an apiary where such restrictions are consistent with 22 the provisions of article fifteen of the agriculture and markets law. 23 4. If approval for the installation or use of an apiary is required by 24 a homeowners' association, the application for approval shall be proc- 25 essed and approved by the association in a manner prescribed by the 26 association and shall not be willfully avoided or delayed. The approval 27 or denial of an application shall be in writing. Any denial of an appli- 28 cation shall include a detailed description of the exact basis for the 29 denial and shall include specific examples of the homeowners' associ- 30 ation's concerns, if applicable. If an application is not denied in 31 writing within sixty days from the date of receipt of the application, 32 the application shall be deemed approved, unless that delay is the 33 result of a reasonable request for additional information. 34 5. An apiary shall meet the requirements established by any local, 35 state or federal law, rule or regulation on health and safety standards 36 and those requirements imposed by state and local permitting authori- 37 ties. 38 6. In any action by an individual requesting to have an apiary and 39 seeking to enforce compliance with this section, the individual shall be 40 awarded reasonable attorney's fees if such individual prevails. 41 § 2. This act shall take effect on the sixtieth day after it shall 42 have become a law.