NY State Senate Bill 2023-S3479

Senate Bill S3479

2023-2024 Legislative Session

Requires the city of New York to repair any sidewalk damaged by a tree under its exclusive care

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Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Jan 31, 2023	referred to cities 1

co-Sponsors

2023-S3479 (ACTIVE) - Details

See Assembly Version of this Bill:: A6334
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Add §18-105.2, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6549
2013-2014: S333, A7821
2015-2016: S939, A8464
2017-2018: S1510, A1504
2019-2020: S2553, A571
2021-2022: S3539, A489

2023-S3479 (ACTIVE) - Summary

Requires the city of New York to repair any sidewalk damaged by a tree under its exclusive care that is adjacent to any class one property, class two condo or coop or any house of religious worship.

2023-S3479 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3479

SPONSOR: STAVISKY
 
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 condomin-
ium properties that are in whole or in part owner occupied and used
exclusively for residential purposes as well as houses of worship.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. 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. Sets forth the date for this act to take effect as the sixti-
eth 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' proper-
ty.

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 enti-
tled to the same assistance from the city that is given to owners of
one-, two and three-family homes.

 
PRIOR LEGISLATIVE HISTORY:

2011-2012: A.none/S.6549 - Referred to Cities.

2013-2014: A.7821/S.333 - Referred to Cities.

2015-2016: A.8464/S.939 - Referred to Cities.

2017-2018: A.1504/S.1510 - Referred to Cities.

2019-2020: A.571/S.2553 - Referred to Cities.

2021-2022: A.489/S.3539 - Referred to Cities.

 
FISCAL IMPLICATIONS:

To be determined.

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

2023-S3479 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3479
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, 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 SIDEWALKS REPAIR  PROGRAM.  A.  THE  COMMISSIONER
 SHALL  ARRANGE FOR THE REPAIR OF ANY SIDEWALK FLAG DAMAGED BY THE GROWTH
 OF ROOTS OF ANY TREE UNDER THE EXCLUSIVE CARE OF  THE  COMMISSIONER  AND
 THAT IS ADJACENT TO ANY CLASS ONE PROPERTY OR 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 OR ADJACENT TO  ANY  HOUSE
 OF RELIGIOUS WORSHIP.
   B.  BEFORE MAKING THE SIDEWALK FLAG REPAIR, AS REQUIRED UNDER SUBDIVI-
 SION A OF THIS SECTION, THE COMMISSIONER SHALL PRUNE THE  ROOTS  OF  THE
 TREE CAUSING THE DAMAGE TO THE SIDEWALK FLAG.
   C. ALL SIDEWALK FLAG REPAIRS SHALL CONFORM WITH THE RULES AND SPECIFI-
 CATIONS  PROMULGATED  BY THE COMMISSIONER OF TRANSPORTATION FOR SIDEWALK
 REPAIRS.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08302-01-3

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Senate Bill S3479

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Sponsored By

Toby Ann Stavisky