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Bill > S08718


NY S08718

NY S08718
Provides that a homeowners' association may include in its declaration, bylaws, or recorded covenants and restrictions a provision expressly prohibiting the use of a no-impact home-based business; provides that any such provision shall be approved by at least ninety percent of the total eligible voters of the homeowner's association; provides that any declaration, bylaws, or recorded covenants and restrictions prohibiting such use shall also include a provision stating that such prohibition may


summary

Introduced
01/07/2026
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the real property law, in relation to the use of a residence as a no-impact home-based business within a homeowners' association

AI Summary

This bill amends real property law to address the operation of "no-impact home-based businesses," which are defined as businesses that are consistent with a residential character, require no external modifications that detract from a home's appearance, do not create disturbances detectable by neighbors or increase common expenses, and do not involve hazardous materials. Generally, existing rules of a homeowners' association (HOA) that prohibit commercial activity but don't specifically mention no-impact home-based businesses cannot be interpreted to ban them, and such businesses are considered residential activities. However, an HOA can enact a new rule expressly prohibiting no-impact home-based businesses, but this requires approval from at least ninety percent of eligible voters and must also include a provision stating that this prohibition can be reversed or individual businesses approved by a simple majority vote. HOAs can also restrict or prohibit these businesses in common areas.

Committee Categories

Justice

Sponsors (1)

Last Action

REFERRED TO JUDICIARY (on 01/07/2026)

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