New Law Makes It Harder for Homeowner Associations To Ban EV Charging Units

Photo by Darren McGee, courtesy of the Governor’s Office

New York state continues to move toward a cleaner and greener future with new legislation signed into law by Gov. Kathy Hochul that will make it easier for New Yorkers living in certain communities to make the switch to electric vehicles. 

The Electric Vehicle Rights Act (S.8518A/A.6165) amends New York state’s Real Property Law by providing 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 an electric vehicle charging station.

Additionally, the law will require that any denial of a homeowner’s application to install an EV charger be in writing and contain a detailed description of the reasons for the denial. If no written denial is issued to the homeowner within 60 days, the application will be deemed approved unless the delay in approval resulted from the homeowners’ association’s reasonable request for more information.

The legislation is aimed at preventing homeowners’ associations from prohibiting homeowners from installing charging stations on their private property while also allowing the associations to provide input on the installation process.

The bill was introduced in the Senate by Michelle Hinchey, D-Saugerties, and in the Assembly by Harvey Epstein, D-East Village, and was codified on November 22, 2022.

Legislative Gazette photo by Will Oliva

“Making it easier for New Yorkers to own an electric vehicle is essential to fighting the climate crisis locally and meeting our state’s zero-emissions transportation goals,” Hinchey said. “I’m incredibly proud to sponsor legislation that expands the build-out of home charging infrastructure and helps ensure New York stays at the forefront of a clean energy future.”

The Electric Vehicle Rights Act is a part of a larger statewide zero-emission initiative being spearheaded by the governor. Her plan works to build off past legislation such as the Climate Leadership and Community Protection Act (S.6599/A.8429) to ensure that the sales of all passenger vehicle’s be entirely emission free by 2035.

The Climate Leadership and Community Protection Act was sponsored by Todd Kaminsky, D-Long Beach and Assemblyman Steve Englebright, D-Setauket,  and amends state laws to adopt measures to put the state on a path to reduce statewide greenhouse gas emissions by 85 percent by 2050 and achieve zero emissions in all sectors of the economy. 

“In New York, we’re setting bold goals for the adoption of electric vehicles. It’s part of our strategy to reducing emissions as mandated by the Climate Leadership and Community Protection Act,” Epstein said.

The Climate Leadership and Protection Act also mandates that New York must reduce greenhouse gas emissions by 40 percent by the year 2030. 

“It is not enough to encourage New Yorkers to buy electric – we must build green infrastructure that will drive New Yorkers to choose cleaner and greener modes of transportation. My administration will continue to advance our zero-emission transportation goals, and this legislation will benefit our climate and the health of our communities for generations to come,” Hochul said.