N.Y. Real Property Law § 339-ll: Electric vehicle charging station installation

§ 339-ll. Electric vehicle charging station installation. 1. As used

in this section:

(a) "Reasonable restrictions" means restrictions that do not

significantly increase the cost of the station or significantly decrease

its efficiency or specified performance.

(b) "Electric vehicle charging station" means a station that delivers

electricity from a source outside an electric vehicle into one or more

electric vehicles. An electric vehicle charging station may include

several charge points simultaneously connecting several electric

vehicles to the station and any related equipment needed to facilitate

charging plug-in electric vehicles.

2. (a) Any covenant, restriction, or condition contained in any deed,

contract, security instrument, or other instrument affecting the

transfer or sale of any interest in the property, and any by-laws, that

either effectively prohibits or unreasonably restricts the installation

or use of an electric vehicle charging station within an owner's unit or

in a designated parking space, including, but not limited to, a deeded

parking space, a parking space in an owner's exclusive use common

element, or a parking space that is specifically designated for use by a

particular owner, or is in conflict with the provisions of this section

shall be void and unenforceable.

(b) This section shall not apply to by-laws that impose reasonable

restrictions on electric vehicle charging stations. However, it is the

policy of the state to promote, encourage, and remove obstacles to the

use of electric vehicle charging stations.

(c) An electric vehicle charging station shall meet all applicable

health and safety standards and requirements imposed by law, rule or

regulation.

(d) If approval is required for the installation or use of an electric

vehicle charging station the application for approval shall be processed

and approved by the association in a manner prescribed by the

association and shall not be willfully avoided or delayed. The approval

or denial of an application shall be in writing. If an application is

not denied in writing within sixty days from the date of receipt of the

application, the application shall be deemed approved, unless that delay

is the result of a reasonable request for additional information.

(e) If the electric vehicle charging station is to be placed in the

common elements or in an exclusive use common element, as designated in

the common interest declaration, the following provisions shall apply:

(i) The owner first shall obtain approval from the association to

install the electric vehicle charging station and the association shall

approve the installation if the owner agrees in writing to do all of the

following:

(A) comply with the association's architectural standards for the

installation of the charging station;

(B) engage a licensed contractor to install the charging station;

(C) within fourteen days of approval, provide a certificate of

insurance that names the association as an additional insured under the

owner's insurance policy pursuant to subparagraph (iii) of this

paragraph; and

(D) pay for both the costs associated with the installation of and the

electricity usage associated with the charging station.

(ii) The owner and each successive owner of the charging station shall

be responsible for all of the following:

(A) costs for damage to the charging station, common elements,

exclusive use common elements, or separate units resulting from the

installation, maintenance, repair, removal, or replacement of the

charging station;

(B) costs for the maintenance, repair, and replacement of the charging

station until it has been removed and for the restoration of the common

elements after removal;

(C) the cost of electricity associated with the charging station; and

(D) disclosing to prospective buyers the existence of any charging

station of the owner and the related responsibilities of the owner under

this section.

(iii) The owner of the charging station, whether located within a

separate unit or within the common elements or exclusive use common

elements, shall, at all times, maintain a liability coverage policy. The

owner that submitted the application to install the charging station

shall provide the association with the corresponding certificate of

insurance within fourteen days of approval of the application. That

owner and each successor owner shall provide the association with the

certificate of insurance annually thereafter.

(iv) A homeowner shall not be required to maintain a homeowners

liability coverage policy for an existing national electrical

manufacturers association standard alternating current power plug.

(f) Except as provided in paragraph (g) of this subdivision,

installation of an electric vehicle charging station for the exclusive

use of an owner in a common element, that is not an exclusive use common

element, shall be authorized by the association only if installation in

the owner's designated parking space is impossible or unreasonably

expensive. In such cases, the association shall enter into a license

agreement with the owner for the use of the space in a common area, and

the owner shall comply with all of the requirements in paragraph (e) of

this subdivision.

(g) The association or owners may install an electric vehicle charging

station in the common elements for the use of all members of the

association and, in that case, the association shall develop appropriate

terms of use for the charging station.

(h) An association may create a new parking space where one did not

previously exist to facilitate the installation of an electric vehicle

charging station.

(i) An association that willfully violates this section shall be

liable to the applicant or other party for actual damages, and shall pay

a civil penalty to the applicant or other party in an amount not to

exceed one thousand dollars.

(j) In any action by a unit owner requesting to have an electric

vehicle charging station installed and seeking to enforce compliance

with this section, the unit owner shall be awarded reasonable attorney's

fees if he or she prevails.