New York Statewide Rule

New York Voids Unreasonable HOA Solar Restrictions

Few RestrictionsApplies statewide across New York (2026)

Real Property Law section 335-b prohibits homeowners associations from enforcing covenants that unreasonably restrict installation of solar collectors on owner-occupied homes statewide.

Key Facts

Statute: RPL §335-b
Effect: Voids unreasonable HOA bans
Allowed: Reasonable conditions
Remedy: Article 78 / civil suit

Source: RPP Section 342 - Certain Covenants, Conditions, and Restrictions of Homeowners' Associations Prohibited

Full Breakdown

Section 335-b declares void any deed restriction, covenant, or HOA rule that effectively prohibits or unreasonably restricts the installation of a solar energy system. HOAs may adopt reasonable conditions on placement, screening, and removal that do not significantly increase cost or decrease efficiency. The provision applies uniformly across New York, supplementing federal solar access rights and overriding contrary HOA bylaws.

Violations & Penalties

HOAs that block compliant installations face civil suits, attorneys fees, injunctive relief compelling approval, and damages for delays, with covenants declared unenforceable by courts.

Frequently Asked Questions

Can my HOA require me to hide solar panels?

An HOA may require reasonable screening or placement conditions, but only if the conditions do not significantly raise cost or reduce efficiency under Real Property Law section 335-b.

Does this apply to condos and co-ops?

Section 335-b primarily protects owners of single-family homes. Condo and co-op residents have weaker statutory protection because roofs are typically common elements controlled by the board.

Sources

Real Property Law §335-b

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Full Breakdown

Frequently Asked Questions

Can my HOA require me to hide solar panels?

An HOA may require reasonable screening or placement conditions, but only if the conditions do not significantly raise cost or reduce efficiency under Real Property Law section 335-b.

Does this apply to condos and co-ops?

Section 335-b primarily protects owners of single-family homes. Condo and co-op residents have weaker statutory protection because roofs are typically common elements controlled by the board.