New York S 8718: 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

Bill Text

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S08718 Summary:

BILL NOS08718 

&nbsp

SAME ASSAME AS A10910

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 9-E §344, RP L

&nbsp

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 be eliminated by a simple majority vote.

Go to top S08718 Actions:

BILL NOS08718 

&nbsp

01/07/2026REFERRED TO JUDICIARY

Go to topS08718 Committee&nbspVotes:

Go to topS08718 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08718 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8718

 IN SENATE

 January 7, 2026
 ___________

 Introduced by Sen. HINCHEY -- 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 the use of a resi-
 dence as a no-impact home-based business within a homeowners' associ-
 ation

 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 NO-IMPACT HOME-BASED BUSINESS 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) "No-impact home-based business" means a business that:
 11 (i) is consistent with the residential character of the dwelling unit;
 12 (ii) is subordinate to the use of the dwelling unit for residential
 13 purposes and requires no external modifications that detract from the
 14 residential appearance of the dwelling unit;
 15 (iii) uses no equipment or process that creates noise, vibration,
 16 glare, fumes, odors, or electrical or electronic interference detectable
 17 by neighbors or that causes an increase of common expenses that can be
 18 solely and directly attributable to a no-impact home-based business; and
 19 (iv) does not involve use, storage, or disposal of any grouping or
 20 classification of materials that the United States secretary of trans-
 21 portation or the state or any local governing body designates as a
 22 hazardous material.
 23 2. (a) Subject to the provisions of subdivisions three and four of
 24 this section, a recorded covenant or restriction, a provision in a
 25 declaration, or a provision of the bylaws or rules of a homeowners'
 26 association that prohibits or restricts commercial or business activity
 27 in general, but does not expressly apply to no-impact home-based busi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14110-01-5

 S. 8718 2

 1 nesses, may not be construed to prohibit or restrict the establishment
 2 and operation of a no-impact home-based business.
 3 (b) Subject to the provisions of subdivisions three and four of this
 4 section, the operation of a no-impact home-based business shall be:
 5 (i) considered a residential activity; and
 6 (ii) a permitted activity.
 7 3. (a)(i) Except as provided in subparagraph (ii) of this paragraph
 8 and subject to the provisions of paragraph (b) of this subdivision, a
 9 homeowners' association may include in its declaration, bylaws, or
 10 recorded covenants and restrictions a provision expressly prohibiting
 11 the use of a residence for the operation of a no-impact home-based busi-
 12 ness.
 13 (ii) A homeowners' association may not include a provision described
 14 under subparagraph (i) of this paragraph expressly prohibiting the use
 15 of a residence for the operation of a no-impact home-based business in
 16 its declaration, bylaws, or recorded covenants and restrictions unless
 17 such provision is approved by at least ninety percent of t