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- Referred to cities
- Referred to cities
Full text
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Sponsor's memo
BILL NUMBER:S4705
Title of bill
An act to amend the administrative code of the city of New York, in relation to authorizing owners of certain class one and class two properties to opt out of tree planting
Purpose or general idea of bill
The purpose of the bill is to provide New York City homeowners thirty days' notice to opt-out of any planned tree planting adjacent to the property owner's line.
Summary of provisions
Section 1 of the bill adds a new section 18-105.2, which provides that any owner of a class one or class two property that is a residential condo or co-op, that is in whole or in part owner-occupied and used exclusively for residential purposes, may opt-out of a plan by the City of New York Department of Parks and Recreation's (DPR) Commissioner to plant a tree on city property that is immediately adjacent to such property owner's property line. The Commissioner shall notify the property owners of an impending tree planting, and shall grant property owners thirty days within which to notify the City of a desire to opt-out of the planting.
Section 2 provides that this act shall take effect immediately.
Justification
City trees that are planted adjacent to residential properties trigger a number of financial and legal responsibilities for which homeowners are potentially responsible. Overgrown tree roots can lift and damage sidewalks or cause a pedestrian to trip or fall. Dense branches can fall and cause property damage or injury, while fallen leaves and branches can clog drainage and cause flooding. Each of these problems is a potential liability for which the homeowner, rather than the City, is ultimately responsible. Instead of forcing these potential liabilities on unwitting homeowners, this bill aims to provide an opt-out choice for those who do not want to accept these responsibilities.
Prior legislative history
None.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.