Skip to content
S1497Senate2017-2018 Session

Let Homeowners Refuse City Trees

Official title

“Authorizes certain owners of class one and class two properties to opt out of city tree planting”

Sponsor Tony AvellaSD-11Affects Local Government
Status
In Senate Committee
Cities
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

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

  1. 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.

  2. 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.

  3. 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.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Let Homeowners Refuse City Trees

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Tony Avella

Senator · Senate District 11

Chair, Children And Families

No co-sponsors yet.

History

  1. Referred to cities
  2. 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.