New York HOA EV Charging

Quick-Reference EV Charging Table

Cooperatives are covered by neither § 339-ll, condominium-specific, nor § 343, homeowners-association-specific. A New York housing cooperative is a corporation governed by the Business Corporation Law, or the Not-for-Profit Corporation Law, its certificate of incorporation, by-laws, proprietary lease, and house rules, so for cooperatives the honest entry on most rows is "per proprietary lease, not specified by statute." Condominium values come from § 339-ll and homeowners-association values from § 343; the two aren't interchangeable.

Section 1: Overview — How EV charging is regulated for HOAs in New York

New York protects electric vehicle charging in common-interest communities through two separate owner-protective statutes: Real Property Law § 339-ll for condominiums and Real Property Law § 343, the Electric Vehicle Rights Act, for homeowners associations.¹² Both provisions render void any governing-document term that effectively prohibits or unreasonably restricts the installation or use of a charging station. Section 339-ll sits in Article 9-B, the Condominium Act, and § 343 sits in Article 9-D, a standalone article added in 2022.³ The two statutes are parallel but not identical, and their definitions of an unreasonable limitation and their enforcement remedies differ.

Cooperatives are covered by neither statute. A New York housing cooperative is a corporation, and a shareholder's ability to install charging turns on the proprietary lease, the house rules, and board approval under the Business Corporation Law rather than a dedicated charging statute.⁴

Under both statutes, associations retain meaningful authority: they may impose reasonable restrictions, apply architectural standards, require code-compliant and permitted installation, and place cost responsibility on the owner. Each statute also runs a 60-day clock under which an application not denied in writing is deemed approved.¹² These features place New York among the roughly 15 states and the District of Columbia that, according to Plug In America, "have passed what are called right-to-charge laws" that "override HOA and condo board rules that restrict residents from installing EV chargers," a group that includes California and Colorado.⁵ The sections that follow set out the statutory framework, the operational rules by community type, and recent legislative and judicial activity.

Section 2: The statutory and regulatory framework

2A. New York's two EV-charging statutes

New York added its condominium charging rule first. Real Property Law § 339-ll was enacted by Chapter 597 of the Laws of 2019, Senate Bill S5157-A, sponsored by Senator Neil Breslin, signed on December 6, 2019, and effective immediately.⁶ It sits within Article 9-B, the Condominium Act.¹ The homeowners-association rule followed three years later. Real Property Law § 343, the Electric Vehicle Rights Act, was added as Article 9-D by Senate Bill S8518, signed by Governor Kathy Hochul on November 22, 2022, and effective January 21, 2023.⁷⁸ This page reflects the current text of each section, cited by subdivision.

The two provisions are parallel in structure but separate in operation, and their values must be drawn from the correct section. Section 343 borrows the § 339-ll definition of "electric vehicle charging station" but otherwise defines an unreasonable limitation differently and carries different enforcement terms.² Notably, § 339-ll includes a civil penalty of up to one thousand dollars for a willful violation, while § 343 doesn't; the two enforcement schemes don't read into each other.¹

Cooperatives fall outside both statutes. Section 339-ll is part of the Condominium Act, and § 343 addresses homeowners associations; neither reaches a housing cooperative, which is governed by the Business Corporation Law, or the Not-for-Profit Corporation Law, the proprietary lease, and house rules.⁴ Legislation that would create a tax credit reaching cooperatives is pending and is treated in Section 4.

2B. Condominiums under Real Property Law § 339-ll

Section 339-ll, within Article 9-B, governs charging in condominiums.¹ Its core rule, in subdivision 2(a), voids any covenant, restriction, or condition in a deed, contract, security instrument, or the by-laws that effectively prohibits or unreasonably restricts the installation or use of a charging station within an owner's unit or a designated parking space, including a deeded space, an exclusive-use common-element space, or a space designated for a particular owner.¹

The statute preserves reasonable restrictions. Subdivision 1(a) defines "reasonable restrictions" as restrictions that don't significantly increase the cost of the station or significantly decrease its efficiency or specified performance, and subdivision 2(b) confirms that the section doesn't bar such restrictions while stating the state policy to remove obstacles to charging.¹

Owner responsibilities are extensive. Under subdivision 2(e), for a common-element installation the owner must comply with the association's architectural standards, engage a licensed contractor, provide within 14 days of approval a certificate of insurance naming the association as an additional insured, and pay installation and electricity costs.¹ Subdivision 2(e)(ii) makes the owner and each successive owner responsible for damage, for maintenance, repair, and replacement until removal, for restoration of the common elements after removal, for electricity, and for disclosure to prospective buyers. The liability policy must be maintained at all times, with the certificate renewed annually.¹ Subdivision 2(c) requires the station to meet all applicable health and safety standards. Subdivision 2(e)(iv) exempts an existing national electrical manufacturers association standard alternating current power plug from the liability-policy requirement.¹

The approval clock appears in subdivision 2(d): the application must be processed and not willfully delayed, approval or denial must be in writing, and an application not denied in writing within 60 days of receipt is deemed approved unless the delay results from a reasonable request for additional information.¹ For common-element placement, subdivision 2(f) authorizes installation for an owner's exclusive use in a non-exclusive-use common element only if installation in the owner's designated space is impossible or unreasonably expensive, in which case the association enters a license agreement.¹ Article 9-B's general provisions on units, common elements, and board authority frame the analysis where § 339-ll is silent.

2C. Homeowners associations under § 343, plus cooperatives and corporate law

Section 343, in Article 9-D, controls charging for homeowners associations.² Subdivision 2 provides that an association may not adopt or enforce any rule or regulation that would effectively prohibit or impose unreasonable limitations on installation or use, and that a restriction on use effectively prohibiting installation or use is unenforceable and void as contrary to public policy. An unreasonable limitation includes a restriction that inhibits the station from functioning at its intended maximum efficiency, or that increases installation or maintenance cost by an amount estimated to be greater than ten percent of the total cost of the initial installation, including labor and equipment.² Subdivision 3 sets the common-property exception: notwithstanding subdivision 2, an association may prohibit installation on property owned by the association or owned in common by its members. Subdivision 4 requires a written denial with a detailed description of the exact basis and specific examples, and deems an application approved if not denied in writing within 60 days of receipt, subject to a reasonable request for additional information. Subdivision 5 requires compliance with health and safety standards and state and local permitting, and subdivision 6 awards reasonable attorney's fees to a homeowner who prevails in an enforcement action.² Section 343 contains no civil penalty and no standalone certificate-of-insurance or licensed-installer mandate.

Cooperatives are governed differently. A New York housing cooperative is a corporation formed under the Business Corporation Law, or where organized as a nonprofit under the Not-for-Profit Corporation Law, and it operates through its certificate of incorporation, by-laws, proprietary lease, and house rules.⁴ Neither § 339-ll nor § 343 supplies a dedicated EV right to a shareholder, so a co-op installation turns on the proprietary lease and board approval. The Not-for-Profit Corporation Law supplies corporate-formality scaffolding, such as board action and meeting and notice requirements, not EV-specific authority.

The order of precedence runs from the applicable statute, to the declaration or proprietary lease read consistently with it, to the by-laws, then the rules. Where the statute and documents are silent, common-law contract and property doctrine governs.

New York has no dedicated ongoing HOA regulator. The Attorney General's Real Estate Finance Bureau reviews and accepts for filing condominium and cooperative offering plans under the Martin Act, General Business Law Article 23-A, but it doesn't administer ongoing operations or adjudicate EV-charging disputes.⁹

Section 3: What HOAs can and cannot do regarding EV charging

A. Installation rights and prohibitions

For condominiums, the board may not effectively prohibit or unreasonably restrict installation or use within a unit or a designated parking space; any such covenant, restriction, condition, or by-law is void and unenforceable, § 339-ll(2)(a).¹ For homeowners associations, the association may not effectively prohibit or impose unreasonable limitations, and a prohibitive restriction is void as contrary to public policy, § 343(2), subject to the common-property exception in § 343(3).² For cooperatives, no dedicated statute bars a co-op prohibition; the proprietary lease, house rules, and board approval control.⁴ The operative line under both statutes is that a genuine reasonable restriction is permitted while a term that operates as an effective prohibition is void.

B. Conditions an association may impose

For both condominiums and homeowners associations, architectural review of the method, equipment, and routing is permitted, along with reasonable standards, § 339-ll(2)(b), (2)(e)(i)(A); § 343(2).¹² Both require code-compliant work and permitting, § 339-ll(2)(c); § 343(5).¹² For condominiums only, for a common-element installation the owner must use a licensed contractor and provide a certificate of insurance naming the association as additional insured within 14 days of approval, renewed annually, § 339-ll(2)(e)(i)(B)-(C), (2)(e)(iii).¹ For both, a timely written denial is required, and an application not denied within 60 days is deemed approved; § 343(4) additionally requires the denial to state a detailed basis with specific examples.¹² For condominiums and homeowners associations the ceiling on conditions is statutory, while for cooperatives it's the proprietary lease.⁴

C. Cost, metering, and maintenance allocation

For both condominiums and homeowners associations, the owner bears installation cost, electricity cost, and maintenance, repair, and damage responsibility; § 339-ll(2)(e)(ii) assigns these to the owner and each successive owner for condominiums.¹ Section 343 places installation, operation, maintenance, and repair on the homeowner.² On metering, an owner charging on a private meter is generally paying the owner's own utility bill and isn't reselling utility service. According to the U.S. Department of Energy Alternative Fuels Data Center, "according to the New York Public Service Commission (PSC), electric vehicle (EV) chargers are not defined as electric plants and owners and operators of chargers are not defined as electric corporations," so an owner's private charging isn't regulated as utility service.¹⁰

D. Where the station may be installed

For condominiums, within the unit, including an attached garage that's part of the unit, or the owner's designated parking space, with common-element installation only under § 339-ll(2)(e)-(f), including the condition that exclusive-use common-element placement is authorized only where installation in the designated space is impossible or unreasonably expensive.¹ For homeowners associations, on the owner's separate interest or lot, not on association-owned or commonly owned property, per the common-property exception in § 343(3).² For cooperatives, as defined and limited by the proprietary lease.⁴

Section 4: Recent legislative and judicial activity

A. Recent bills

B. Recent appellate rulings

No published New York appellate decision has yet construed § 339-ll or § 343 in the EV-charging context. The closest recent appellate authority on the adjacent question of owner alterations versus board authority is set out below.

C. Active legislative debates

Senate Bill S.801 (2025-2026) would repeal the Executive Law new-construction provision and move EV charging and EV-ready standards into the state Energy Code in the next development cycle, shaping how the 2024 mandate is implemented.¹⁴ No pending bill would amend § 339-ll or § 343 or create a dedicated right to charge for cooperatives; the co-op-facing proposal, A.2493, is a tax credit rather than a charging mandate.

Section 5: National positioning and related coverage

New York sits among the owner-protective EV-charging states, alongside California, Civil Code § 4745, and Colorado, C.R.S. § 38-33.3-106.8, protecting condominium unit owners under § 339-ll and homeowners-association members under § 343, but it hasn't enacted a dedicated cooperative provision.¹² Nationally, jurisdictions fall into three broad groups: mandate states that bar effective prohibitions, states that address charging more narrowly, and states with no charging-specific statute where the declaration controls. Per a GreenLancer right-to-charge survey, the states with enacted right-to-charge laws include "California, Colorado, Florida, Hawaii, Maryland, New Jersey, New York, Oregon, and Virginia," and Plug In America notes that only a small subset, California, Colorado, Connecticut, Illinois, and Oregon, plus the District of Columbia, extends protections to renters as well as owners.⁵ For a multi-state operator, the practical implication is that New York grants condominium and HOA owners strong installation rights, while a cooperative portfolio is governed by proprietary leases rather than the statute. This is a fast-moving area, and New York's statutes should be re-checked each quarter.

HOA Weekly's New York EV Charging coverage updates quarterly as the legislature and courts act, and § 339-ll and § 343 are re-verified against current text each cycle. Federal incentives such as the Section 30C credit may affect installation economics, but no federal law mandates HOA EV charging access.¹⁵¹⁶¹⁷

Footnotes

1. N.Y. Real Property Law § 339-ll, Electric vehicle charging station installation (current text, NYS Open Legislation) ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩
2. N.Y. Real Property Law § 343, Certain covenants, conditions, and restrictions of homeowners' associations prohibited (current text, NYS Open Legislation) ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩ ↩
3. N.Y. Real Property Law, article index showing Art. 9-B Condominium Act, Art. 9-C Solar Rights Act, Art. 9-D Electric Vehicle Rights Act (NYS Open Legislation) ↩
4. N.Y. Business Corporation Law (NYS Open Legislation) ↩ ↩ ↩ ↩ ↩ ↩
5. GreenLancer, right-to-charge law survey listing California, Colorado, Florida, Hawaii, Maryland, New Jersey, New York, Oregon, and Virginia; Plug In America, right-to-charge overview ↩ ↩
6. N.Y. Senate Bill S5157-A (2019), enacted as Chapter 597 of the Laws of 2019, signed Dec. 6, 2019, effective immediately ↩
7. Governor Kathy Hochul, press release signing the Electric Vehicle Rights Act (Nov. 22, 2022) ↩
8. N.Y. Senate Bill S8518 (2021-2022), Electric Vehicle Rights Act, adding Art. 9-D § 343 ↩
9. N.Y. Attorney General, Real Estate Regulation and the Real Estate Finance Bureau (Martin Act, GBL Art. 23-A) ↩
10. U.S. DOE Alternative Fuels Data Center, New York laws and incentives (New York PSC treatment of EV chargers) ↩
11. N.Y. Senate Bill S1736-E (2023-2024), enacted as Chapter 643 of the Laws of 2024, new-construction EV charging requirement ↩
12. N.Y. Assembly Bill A2493 (2025-2026), tax credit for EV charging outlets in condominium and cooperative parking garages ↩
13. Board of Managers of the 80th at Madison Condominium v. 1055 Madison Avenue Owners LLC, App. Div. 1st Dept., decided Jan. 6, 2026 (nycourts.gov) ↩
14. N.Y. Senate Bill S801 (2025-2026), moving EV charging standards into the state Energy Code ↩
15. IRS Instructions for Form 8911: "P.L. 119-21, commonly known as the One Big Beautiful Bill Act changed the termination date for the section 30C alternative fuel vehicle refueling property credit from December 31, 2032, to June 30, 2026." Principal-residence credit is the lesser of 30% of cost or $1,000 ↩
16. FHWA, FY 2026 apportionment for the National Electric Vehicle Infrastructure (NEVI) Formula Program ($885 million to states) ↩
17. NYSERDA, Charge Ready NY 2.0 rebate program ↩