What's happening
This bill allows certain residential property owners in New York City to prune obstructive tree branches within their physical reach.
Why it matters
Empowers homeowners. By allowing owner-occupied residential property owners to prune obstructive branches within their physical reach, the bill gives residents more direct control over maintaining access, light, and safety on their own property without waiting for city intervention.
Limits the scope of action. The restriction against using ladders or extension tools means only easily reachable branches can be pruned, reducing the risk of injury and preventing over-pruning, but also limiting how much of the obstruction owners can address themselves.
Clarifies city vs. resident responsibility. The bill specifically addresses trees under the city’s jurisdiction, which can often create confusion about who is allowed to maintain them. This change could streamline minor maintenance and potentially reduce the city’s workload for minor, accessible branch issues.
Applies to specific property types. The measure is limited to class one (typically one- to three-family homes) and certain class two (residential condos and co-ops) properties that are owner-occupied, so renters and commercial property owners would not gain this right, focusing the impact on homeowners living in their properties.
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Who cares
Headline styles
Let Owners Trim Branches
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
1781
2017-2018 Regular Sessions
IN SENATE
January 10, 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 allowing property owners to prune tree branches within their reach
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 Trees and pruning of obstructive branches by property owners. 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, who finds his or her property is obstructed by the branches of a tree under the exclusive jurisdiction of the commissioner may prune such branches within the property owner's reach, provided the owner does not use any device to aid in his or her reach including, but not limited to, a ladder or extended branch clippers.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00996-01-7
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 allowing property owners to prune tree branches within their reach
Purpose or general idea of bill
The purpose of the bill is to allow New York City property owners to prune obtrusive tree branches that are otherwise under the exclusive control of the Department of Parks and Recreation's (DPR) Commissioner.
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 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, and who finds their property obstructed by the branches of a tree that is under the exclusive jurisdiction of the DPR Commissioner, may prune the obstructing branches that are within the owner's reach. The owner may not use any device to aid their reach, such as a ladder or extended branch clippers.
Section 2 provides that this act shall take effect immediately.
Justification
City trees that are not properly pruned can at best create a nuisance, and at worst result in injury or even death. Injuries or deaths from falling branches have been the result of lawsuit settlements from the City of New York ranging from $4,000 to $14.8 million throughout last ten years. In New York City, trees are typically pruned only every 12-15 years, as DPR's budget for tree pruning has been cut to nearly a quarter of what it once was. The City's inability to keep up with the pruning demands of its 650,000 street trees has even been the subject of a recent audit by the New York City Comptroller, who concluded that the "city's performance is unacceptable," while noting the dangers of uncared for trees and falling branches.
Homeowners should not be subject to the dangers of trees that have not been pruned, and the risks of falling branches. This bill aims to provide a simple solution to this problem, by allowing homeowners to prune those tree branches that are within their reach.
Prior legislative history
2015-16: S.4704
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.