What's happening
This bill allows New York City residential property owners to opt out of city-planned street tree plantings adjacent to their properties.
Why it matters
Empowers individual property owners and residential associations. (including co-ops and condos) to have direct input in city landscaping decisions, giving them more control over their immediate environment and the aesthetics of their neighborhood.
Introduces a formal notification and response process. , requiring New York City to notify eligible property owners of planned street tree plantings and provide a 30-day window to opt out—potentially increasing transparency and communication between the city and residents.
May impact overall urban greenery and environmental goals. by allowing opt-outs, potentially reducing the number of new trees planted in certain neighborhoods and affecting citywide efforts related to shade, air quality, biodiversity, and stormwater management.
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Who cares
Headline styles
Let Homeowners Refuse New Trees
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Homeowners Refuse City Trees
In Assembly Committee · Cities · Sponsor Daniel Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4739
2019-2020 Regular Sessions
IN SENATE
March 22, 2019
Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the general city law, in relation to authorizing owners of certain residential real property, in the city of New York, to opt out of tree planting conducted by such city on adjacent city property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general city law is amended by adding a new section 28-b to read as follows:
§ 28-b. Limitation on planned municipal tree planting on city property; city of New York. Any owner of residential real property, that is in whole or in part owner occupied and used exclusively for residential purposes, any cooperative corporation of a residential cooperative that is used exclusively for residential purposes, and any board of managers of a condominium that is used exclusively for residential purposes may elect to opt-out of a plan to plant a tree or trees pursuant to a systematic street tree planting program adopted by the city of New York on property owned by such city that is between the sidewalk and the curb of the roadway, adjacent to the property line of such residential real property. Such city shall provide notice to such property owners, cooperative corporation or board of managers of a planned tree planting and shall grant the property owners, cooperative corporation or board of managers thirty days within which to notify the city of their desire to opt-out of the planned tree planting.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01022-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general city law, in relation to authorizing owners of certain residential real property, in the city of New York, to opt out of tree planting conducted by such city on adjacent city property
Purpose
To allow residential real properly owners the right to opt out of any planned tree planting adjacent to the owner's property line.
Summary of provisions
Section 1 of this bill amends the general city law by adding a new section 28-b to limit planned municipal tree planting on city property. This new section would allow (1) any owner of residential real property that is in whole or in part owner occupied and used exclusively for residential purposes; (2) any cooperative corporation of a residential cooperative that is used exclusively for residential purposes; and (3) any board of managers of a condominium that is used exclusively for residential purposes to opt-out of a plan to plant a tree or trees pursuant to a systematic street tree planting program adopted by a city of the find class on property owned by such city that is between the sidewalk and the curb of the roadway, adjacent to the property line of such residential real property. The section would also require the city to provide notice to the above mentioned and shall grant those 30 days within which to notify the city of their desire to opt-out of the planned tree planting.
Section 2 of this bill states that this act shall take effect on the one hundred twentieth day after it shall have become law.
Justification
City trees that are planted adjacent to residential properties can trig- ger a number of financial and legal responsibilities for which homeown- ers are potentially responsible. Overgrown tree roots can lift and damage side-walks or cause a pedestrian to trip or fall. Dense branches can fall and cause property damage or irdury, 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 liabilifies on unwitting homeowners, this bill aims to provide an opt-out choice for those who do not want to accept these responsibilities by granting them 30 days within which to notify the city of their desire to opt-out.
Fiscal implications
To be determined
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.