BILL NUMBER:S939

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to requiring the city of New York to repair any
sidewalk damaged by a tree under its exclusive care

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to codify existing policy in the city of
New York regarding a "trees and sidewalk repair" program and extending
the program beyond class one properties to include cooperative and
condominium properties that are in whole or in part owner occupied and
used exclusively for residential purposes as well as houses of
worship.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the administrative code of the city of
New York by adding a new section 18-105.2 requiring the city to repair
any sidewalk damaged by a tree under its exclusive care that is
adjacent to any class one property or class two property that is a
residential condominium or residential cooperative, that is in whole
or in part owner occupied and used exclusively for residential
purposes, or adjacent to any house of religious worship. The bill also
requires the city to prune roots of the tree causing damage prior to
making the sidewalk repairs.
              

Section 2 provides for this act to take effect on the sixtieth day
after it shall have become a law.

JUSTIFICATION:

The city of New York currently has a "Trees and Sidewalk Program" that
requires the city to repair any sidewalk damaged by a "curbside tree"
that is adjacent to any one-, two- or three-family residential
property.

This policy has proven to be effective in making sure the necessary
repairs are made to sidewalks that have been damaged by city-owned
trees thereby protecting pedestrians from injury due to damaged
sidewalks and to improve "tree health" without unfairly burdening
property owners with the significant costs of repairs that are caused
by trees over which they have no right to maintain or remove.

The bill seeks to codify this important and successful policy so it is
not subject to the political influences that may be caused by changes
in elected officials or administrative changes.

In addition, the bill will expand the program to include the repair of
sidewalks damaged by "city owned" trees that are adjacent to
cooperative and condominium properties in class two, that are in whole
or in part owner occupied and used exclusively for residential
purposes, as well as any house of religious worship. The owners of
these properties are entitled to the same assistance from the city
that is given to owners of one-, two- and three-family homes.

PRIOR LEGISLATIVE HISTORY:


2013-2014, S.333/A.7821(Braunstein)
2011-2012, S.6549

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act to take effect on the sixtieth day after it shall have become
a law.