What's happening
This bill allows certain residential property owners in New York City to opt out of city-planned tree plantings adjacent to their property.
Why it matters
Gives certain homeowners more direct control over their immediate environment. owners of qualifying residential properties can now prevent city-planned tree installations next to their property, reflecting homeowner preferences about landscaping and property aesthetics.
May affect citywide environmental and urban planning goals. allowing opt-outs could lead to fewer street trees in some neighborhoods, with potential impacts on shade, air quality, stormwater management, and overall urban greening efforts.
Introduces a formal notification and response process. the city must notify affected property owners of planned tree plantings and provide them a 30-day window to opt out, increasing transparency and homeowner engagement in local government decisions.
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Who cares
Headline styles
Let Homeowners Refuse City Trees
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1497
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 18-105.2 to read as follows:
§ 18-105.2 Planned tree planting under public ownership; opt out by owners of certain class one and class two properties. Any owner of a class one property or a class two property that is a residential condominium or residential cooperative, as such classes of property are defined in subdivision one of section eighteen hundred two of the real property tax law, that is in whole or in part owner occupied and used exclusively for residential purposes may opt-out of a plan by the commissioner to plant a tree on city property that is immediately adjacent to such property owner's property line. The commissioner shall notify property owners of an impending tree planting and shall grant such property owners thirty days within which to notify the city of the desire to opt-out of the planned tree planting.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00994-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S.4705
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.