Bill > A09523

This bill, known as the Central Air Conditioner and Heat Pump Rights Act, amends real property law to prevent homeowners' associations (HOAs) from enacting or enforcing rules that would effectively ban or unreasonably restrict the installation or use of central air conditioners or heat pumps. A "restriction on use" refers to any rule in deeds, contracts, HOA by-laws, or other documents that affects real property. A "central air conditioner" is a system designed to cool an entire home by distributing cooled air through ducts, while a "heat pump" is an electric device that can both heat and cool. The bill clarifies that unreasonable limitations include those that hinder the equipment's efficiency or increase installation/maintenance costs by more than ten percent of the initial installation cost. However, HOAs can still prohibit installations on HOA-owned or common property. If an HOA requires approval for installation, applications must be processed within sixty days, or they are considered approved, and any denial must be detailed in writing. The bill also mandates that the equipment must meet all health, safety, and permitting requirements, and homeowners who successfully sue to enforce these rights will be awarded reasonable attorney's fees.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A9523