New York S 6908: Enacts the beekeeping rights act

Bill Text

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S06908 Summary:

BILL NOS06908 

&nbsp

SAME ASNo Same As

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SPONSORHARCKHAM

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add Art 9-E §344, RP L

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Enacts the beekeeping rights act to prohibit homeowners' associations from adopting or enforcing any rules or regulations that would effectively prohibit, or impose unreasonable limitations on, the installation or use of an apiary.

Go to top S06908 Actions:

BILL NOS06908 

&nbsp

03/26/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS06908 Committee&nbspVotes:

Go to topS06908 Floor&nbspVotes:

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

Go to topS06908 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6908

 2025-2026 Regular Sessions

 IN SENATE

 March 26, 2025
 ___________

 Introduced by Sen. HARCKHAM -- 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 enacting the beek-
 eeping rights act

 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 BEEKEEPING 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) "restriction on use" shall mean any covenant, restriction, or
 11 condition contained in:
 12 (i) a deed;
 13 (ii) a contract;
 14 (iii) the by-laws of a homeowners' association;
 15 (iv) any rules or regulations adopted by a homeowners' association;
 16 (v) a security agreement; or
 17 (vi) any other instrument affecting the transfer or sale of, or any
 18 interest in, real property.
 19 (b) "apiary" shall have the same meaning as such term is defined in
 20 section one hundred seventy-three-a of the agriculture and markets law.
 21 (c) "beekeeper" shall have the same meaning as such term is defined in
 22 section one hundred seventy-three-a of the agriculture and markets law.
 23 (d) "colony" shall have the same meaning as such term is defined in
 24 section one hundred seventy-three-a of the agriculture and markets law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11172-01-5

 S. 6908 2

 1 2. (a) A homeowners' association may not adopt or enforce any rules or
 2 regulations that would effectively prohibit, or impose unreasonable
 3 limitations on, the installation or use of an apiary on property owned
 4 or leased which is subject to the covenants, conditions, and
 5 restrictions of such homeowners' association where (i) the colony is
 6 maintained for the purpose of the production of honey, and (ii) the
 7 beekeeper is in compliance with the provisions of article fifteen of the
 8 agriculture and markets law. A restriction on use which effectively
 9 prohibits the installation or use of an apiary is unenforceable and
 10 shall be void as contrary to public policy.
 11 (b) For the purposes of this subdivision, an unreasonable limitation
 12 includes, but is not limited to, any restriction on use that:
 13 (i) inhibits an apiary from functioning at its intended maximum effi-
 14 ciency; or
 15 (ii) increases the apiary's installation or maintenance costs by an
 16 amount which is estimated to be greater than ten percent of the total
 17 cost of the initial installation of the apiary, including the costs of
 18 labor and equipment.
 19 3. Notwithstanding subdivision two of this section, a homeowners'
 20 association may adopt or enforce a restriction on use to prohibit the
 21 installation of an apiary where such restrictions are consistent with
 22 the provisions of article fifteen of the agriculture and markets law.
 23 4. If approval for the installation or use of an apiary is required by
 24 a homeowners' association, the application for approval shall be proc-
 25 essed and approved by the association in a manner prescribed by the
 26 association and shall not be willfully avoided or delayed. The approval
 27 or denial of an application shall be in writ