On October 15, 2026, the New York State Public Service Commission revoked the eligibility of eleven distributed energy resource suppliers to operate in New York State. Two of the names on that list will be familiar to anyone who has listed a house with panels on the roof.

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Sunnova Energy Corporation.

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PosiGen Developer LLC.

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The Commission said the companies on its list violated its Uniform Business Practices rules. The violations it described include failing to submit required annual compliance filings, using unregistered subcontractors for customer enrollments, and enrolling or attempting to enroll customers without their authorization. The release does not say which violation applies to which company. The individual decisions are filed under Case 26-E-0423 (Sunnova) and Case 26-E-0420 (PosiGen).

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Then comes the line that matters for a closing table.

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Sunnova and PosiGen are two of four companies the Commission singled out that "must show how they intend to honor obligations to existing customers." In the Commission's own words, DER suppliers that are currently serving customers but are no longer allowed to do business in New York State "must submit plans detailing how customer agreements will be honored."

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What This Does Not Mean

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Here is where I have to be precise, because precision is the whole job.

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This order does not cancel anyone's lease, power purchase agreement or loan. Nothing in the release says existing customer agreements are void. The homeowner still has a contract. The equipment is still on the roof. The obligations still run in both directions.

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What changed is the company's standing to do business in the state, and the Commission has now required a plan for how existing customers will be served. That plan is the document your seller's sale may depend on, and as of today it has not been published.

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Why This Matters At Listing, Not At Contract

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We have gotten used to installer failures. This is a different kind of event. It is a regulator telling a company it can no longer operate here, while the contracts it holds stay in place.

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That puts a transfer in an uncertain spot. A buyer assuming a lease or PPA needs someone on the other side to approve the assignment, update the account and answer the title company. If the company holding the paper is under a state revocation, you want to know exactly who is doing that work before you are six weeks into a deal.

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What To Do With This

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If you have a New York listing or buyer with a Sunnova or PosiGen system:

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1. Confirm the current servicer. Do not assume the name on the original contract is the company handling the account today. Ask the seller for the most recent statement and call the number on it.

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2. Get the transfer steps in writing. Who approves the assignment, what the buyer has to submit, how long it takes, and what it costs.

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3. Ask about the lien or filing. Find out what is recorded and who will release or update it, and loop in your title company early.

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4. Watch the docket. The plans the Commission ordered will be filed under Case 26-E-0423 and Case 26-E-0420 at dps.ny.gov.

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5. Start at the listing appointment. Two questions, every time there are panels on the roof: who holds the paper, and will they let it transfer.

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Get the answer in writing. Get it early.

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This briefing is for informational and educational purposes only and is not legal or financial advice. Regulatory orders and company policies change. Verify current terms directly with the company and the Commission, and consult an attorney for advice on a specific transaction.

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Christina Mathieson Segura

The Solar Lady of Real Estate™

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Since 2010 I have watched what the solar industry has done to real estate transactions, and I work this specialized sector from three sides: real estate, mortgage and solar.

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Sources

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New York State Department of Public Service, "PSC Acts Against Fourteen Energy Companies for Failing to Abide by Rules," October 15, 2026: https://dps.ny.gov/news/psc-acts-against-fourteen-energy-companies-failing-abide-rules

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NYS PSC Case 26-E-0423 (Sunnova Energy Corporation) and Case 26-E-0420 (PosiGen Developer, LLC), Commission Documents at https://dps.ny.gov