Summary

This bill adds a new article 9-D to the real property law called the “Electric Vehicle Rights Act”. It prohibits homeowners’ associations from adopting or enforcing any rules or regulations that would effectively prohibit or impose unreasonable limitations on the installation or use of electric vehicle chargers.   

Explanation

This legislation prohibits homeowners’ associations from interfering with a homeowner’s choice to install electric vehicle chargers to charge their vehicles at home. The Climate Leadership and Community Protection Act (CLCPA) has put New York on the path to transition the transportation sector off fossil fuel powered vehicles. In 2021, the legislature passed a law requiring all new vehicle sales be zero-emission starting in 2035. The Drive Clean Rebate program has been supporting the purchase and lease of electric vehicles through rebates since 2017. Access to at-home charging is often a key factor in the decision to move ahead with the purchase of an electric vehicle. Easing access to charging will help open the EV market to a whole new class of drivers. Increasing access to charging is essential if the state is to meet the EV sales mandates established by the Legislature. Homeowners shouldn’t have to worry that their homeowners’ association will get in the way of reducing their carbon footprint and lowering smog and soot in the air by switching to an electric vehicle. This bill gives homeowners the right to choose to abandon the gas pump.    

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