New York Senate Bill S08972 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8972  IN SENATE April 4, 2024 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to enacting the beek- eeping rights act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property law is amended by adding a new article 2 9-E to read as follows: 3 ARTICLE 9-E 4 BEEKEEPING RIGHTS ACT 5 Section 344. Certain covenants, conditions, and restrictions of homeown- 6 ers' associations prohibited. 7 § 344. Certain covenants, conditions, and restrictions of homeowners' 8 associations prohibited. 1. Definitions. For the purposes of this 9 section: 10 (a) "restriction on use" shall mean any covenant, restriction, or 11 condition contained in: 12 (i) a deed; 13 (ii) a contract; 14 (iii) the by-laws of a homeowners' association; 15 (iv) any rules or regulations adopted by a homeowners' association; 16 (v) a security agreement; or 17 (vi) any other instrument affecting the transfer or sale of, or any 18 interest in, real property. 19 (b) "apiary" shall have the same meaning as such term is defined in 20 section one hundred seventy-three-a of the agriculture and markets law. 21 (c) "beekeeper" shall have the same meaning as such term is defined in 22 section one hundred seventy-three-a of the agriculture and markets law. 23 (d) "colony" shall have the same meaning as such term is defined in 24 section one hundred seventy-three-a of the agriculture and markets law. 25 2. (a) A homeowners' association may not adopt or enforce any rules or 26 regulations that would effectively prohibit, or impose unreasonable 27 limitations on, the installation or use of an apiary on property owned 28 or leased which is subject to the covenants, conditions, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14618-01-4 
 S. 8972 2 1 restrictions of such homeowners' association where (i) the colony is 2 maintained for the purpose of the production of honey, and (ii) the 3 beekeeper is in compliance with the provisions of article fifteen of the 4 agriculture and markets law. A restriction on use which effectively 5 prohibits the installation or use of an apiary is unenforceable and 6 shall be void as contrary to public policy. 7 (b) For the purposes of this subdivision, an unreasonable limitation 8 includes, but is not limited to, any restriction on use that: 9 (i) inhibits an apiary from functioning at its intended maximum effi- 10 ciency; or 11 (ii) increases the apiary's installation or maintenance costs by an 12 amount which is estimated to be greater than ten percent of the total 13 cost of the initial installation of the apiary, including the costs of 14 labor and equipment. 15 3. Notwithstanding subdivision two of this section, a homeowners' 16 association may adopt or enforce a restriction on use to prohibit the 17 installation of an apiary where such restrictions are consistent with 18 the provisions of article fifteen of the agriculture and markets law. 19 4. If approval for the installation or use of an apiary is required by 20 a homeowners' association, the application for approval shall be proc- 21 essed and approved by the association in a manner prescribed by the 22 association and shall not be willfully avoided or delayed. The approval 23 or denial of an application shall be in writing. Any denial of an appli- 24 cation shall include a detailed description of the exact basis for the 25 denial and shall include specific examples of the homeowners' associ- 26 ation's concerns, if applicable. If an application is not denied in 27 writing within sixty days from the date of receipt of the application, 28 the application shall be deemed approved, unless that delay is the 29 result of a reasonable request for additional information. 30 5. An apiary shall meet the requirements established by any local, 31 state or federal law, rule or regulation on health and safety standards 32 and those requirements imposed by state and local permitting authori- 33 ties. 34 6. In any action by an individual requesting to have an apiary and 35 seeking to enforce compliance with this section, the individual shall be 36 awarded reasonable attorney's fees if such individual prevails. 37 § 2. This act shall take effect on the sixtieth day after it shall 38 have become a law.