Proposed 'Plug-in' Solar Law Faces Landlord Pushback

A group of nearly 30 New York City elected officials, including Comptroller Mark Levine and Manhattan Borough President Brad Hoylman-Sigal, is calling on Governor Kathy Hochul to sign the Solar Up Now New York Act. The legislation, which cleared both chambers of the state legislature in May, aims to simplify the process for apartment dwellers to utilize small-scale solar power.

Under the proposed law, residents could connect photovoltaic systems with up to 1,200 watts of continuous output directly into standard electrical outlets. The bill would eliminate the requirement for utility approval, provided the equipment is certified by a nationally recognized testing laboratory and complies with fire and building codes. Users would be required to notify their utility provider within 30 days of installation.

Proponents argue that the measure offers a practical way for tenants in buildings without roof access to reduce their electricity costs. Assembly Member Emily Gallagher, the bill’s lead sponsor, noted that the legislation is intended to help residents participate in the solar economy, though she acknowledged that the technology is still emerging. While the bill requires systems to be certified, full product certification for complete plug-in units remains an ongoing process.

Despite the push from lawmakers, the bill does not grant tenants an absolute right to install these systems. Landlords, co-op boards, and condo associations would retain the authority to reject installations. This omission is a point of contention for property owner groups. Ann Korchak, board president of the Small Property Owners of New York, expressed concerns regarding potential fire hazards, interference with emergency egress, and the impact on insurance premiums. Korchak argued that property owners must maintain control over building facades and balconies to mitigate liability.

In contrast, New Jersey recently enacted legislation that includes broader protections for renters, preventing landlords from issuing blanket bans on such systems while still allowing for reasonable restrictions on installation. Supporters of the New York bill, such as the Green Co-op Council, have described the current measure as a foundational step. They indicated that they intend to pursue additional policies to further expand access for renters once the market for plug-in solar matures.

The governor’s office has stated that it is currently reviewing the legislation. If signed, the law would take effect 90 days later.