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S4739Senate2019-2020 SessionSame asA855

Let Homeowners Refuse New Trees

Official title

“Authorizes certain owners of residential real property in the city of New York to opt out of planned city tree planting”

Sponsor John LiuSD-11Affects Local Government
Status
In Senate Committee
Cities
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Cities

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

  1. 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.

  2. 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.

  3. 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

Primary sponsor
John Liu

Senator · Senate District 11

Chair, New York City Education

No co-sponsors yet.

History

  1. Referred to cities
  2. 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.

A855Assembly

Let Homeowners Refuse City Trees

In Assembly Committee · Cities · Sponsor Daniel Rosenthal

Impact 3 · Low0% to pass

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.