NY Real Prop L § 339-LL (2021)
2021 New York Laws RPP - Real Property Article 9-B - Condominium Act 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.