BILL NUMBER: S4739

SPONSOR: LIU
 
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.

 
LEGISLATIVE HISTORY:

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law