NY State Senate Bill 2023-S7088

Current Bill Status - In Senate Committee Judiciary 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 judiciary
May 17, 2023	referred to judiciary

2023-S7088 (ACTIVE) - Details

See Assembly Version of this Bill:: A6317
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add Art 9-E §§344 & 344-a, RP L

2023-S7088 (ACTIVE) - Summary

Enacts the low impact landscaping rights act, preventing homeowners' associations from adopting or enforcing any rules or regulations that would effectively prohibit, or impose unreasonable limitations on, the installation or maintenance of low impact landscaping.

2023-S7088 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7088

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property law, in relation to enacting the "low
impact landscaping rights act"

 
PURPOSE:

To ensure that homeowners who are a part of a homeowner association are
not prevented from installing and maintaining low impact landscaping on
their property.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and may be cited as the "low impact
landscaping rights act"

Section 2: Adds a new article 9-e to the Real Property Law to protect
low-impact landscaping in homeowner associations.

Section 3: Establishes the effective date.

 
JUSTIFICATION:

As the effects of climate change intensify, individuals and households
are increasingly driven to undertake lifestyle changes which will posi-
tively impact the environment and the biodiversity of New York.  One
such improvement is the abandonment of homogeneous lawns consisting of
turf-grasses, such ò as Kentucky bluegrass and fescue.  Residential
lawn's account for a great deal of localities' landscapes, and the
uniformity which is anticipated and frequently required' of these resi-
dences is detrimental to our ecosystems.  Turfgrass monocultures have an
adverse effect on flora and fauna, and provide little to no benefit for
pollinators and other native wildlife. Moreover, the substantial usage
of hazardous pesticides and herbicides, as well as the use of signif-
icant amounts of water, are often required to maintain grass lawns.

Homeowners should not be prevented by homeowner associations from
installing and maintaining beneficial low impact landscaping on their
property. Lawns comprised of mixtures containing flowers, species of
clover and thyme, and rain gardens attract and promote pollinator
health, require less usage of pesticides and can reduce rainwater
runoff. In the face of New York's fight against climate change, house-
holds should be free to use these lawn landscaping techniques if they
wish without interference from homeowner associations bylaws requiring
homogenous lawns covered in turf grass.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

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

2023-S7088 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7088
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to enacting the  "low
   impact landscaping rights act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "low impact landscaping rights act".
   §  2.  The real property law is amended by adding a new article 9-e to
 read as follows:
                                 ARTICLE 9-E
                     LOW IMPACT LANDSCAPING RIGHTS ACT
 SECTION 344. LEGISLATIVE INTENT.
         344-A. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF  HOME-
                  OWNERS' ASSOCIATIONS PROHIBITED.
   §  344.  LEGISLATIVE  INTENT.  IT  IS  IN THE INTEREST OF THE STATE TO
 ENCOURAGE BIODIVERSITY IN THE NATURAL LANDSCAPES ACROSS NEW YORK.  RESI-
 DENTIAL LAWNS COMPOSE A SIGNIFICANT PORTION OF  LOCALITIES'  LANDSCAPES,
 AND  THE  TURFGRASS  MONOCULTURES THAT ARE TYPICALLY CULTIVATED ON LAWNS
 ADVERSELY AFFECT BIODIVERSITY OF FLORA AND FAUNA. TURFGRASS MONOCULTURES
 PROVIDE LITTLE TO NO BENEFIT FOR POLLINATORS AND OTHER NATIVE  WILDLIFE,
 AND REQUIRE PESTICIDES, HERBICIDES, AND LARGE AMOUNTS OF WATER TO RETAIN
 THE ARTIFICIAL ENVIRONMENT. THIS LEGISLATION WILL ENSURE THAT HOMEOWNERS
 ARE  NOT PREVENTED BY HOMEOWNERS' ASSOCIATIONS FROM INSTALLING AND MAIN-
 TAINING BENEFICIAL LOW IMPACT LANDSCAPING ON THEIR PROPERTY.
   § 344-A. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS  OF  HOMEOWN-
 ERS'  ASSOCIATIONS  PROHIBITED. 1. DEFINITIONS. FOR THE PURPOSES OF THIS
 SECTION:
   (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
 CONTAINED IN:
   (I) A DEED;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10502-01-3

 S. 7088                             2
 
   (II) A CONTRACT;
   (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
   (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
   (V) A SECURITY AGREEMENT; OR
   (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
 INTEREST IN, REAL PROPERTY.
   (B) "LOW IMPACT LANDSCAPING" MEANS:
   (I) POLLINATOR GARDENS DESIGNED TO ATTRACT AND PROMOTE THE  HEALTH  OF
 POLLINATOR SPECIES;
   (II)  RAIN  GARDENS  DESIGNED  TO COLLECT AND RETAIN RAIN WATER IN THE
 SOIL AND TO FILTER AND REDUCE RUNOFF;
   (III) HABITAT GARDENS DESIGNED TO ATTRACT AND PROMOTE  THE  HEALTH  OF
 NATIVE WILDLIFE; OR
   (IV)  NATURAL  GARDENING  THAT  USES PLANTS NATIVE TO THE STATE OF NEW
 YORK.
   2. A HOMEOWNERS' ASSOCIATION SHALL NOT ADOPT OR ENFORCE ANY  RULES  OR
 REGULATIONS  THAT  WOULD  EFFECTIVELY  PROHIBIT,  OR IMPOSE UNREASONABLE
 LIMITATIONS ON, THE INSTALLATION OR MAINTENANCE OF LOW IMPACT  LANDSCAP-
 ING.  A  RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLATION
 OR MAINTENANCE OF LOW IMPACT  LANDSCAPING  SHALL  BE  UNENFORCEABLE  AND
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
 ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
 INSTALLATION OR MAINTENANCE OF LOW IMPACT LANDSCAPING THAT IS:
   (A)  LOCATED  ON PROPERTY OWNED BY THE HOMEOWNERS' ASSOCIATION OR THAT
 IS LOCATED ON PROPERTY OWNED IN COMMON BY THE MEMBERS OF THE HOMEOWNERS'
 ASSOCIATION;
   (B) NOT REASONABLY MAINTAINED BY THE HOMEOWNER; OR
   (C) NOT DESIGNED WITHIN REASONABLE EXPECTATIONS REGARDING PUBLIC SAFE-
 TY, AND REGARDING ENCROACHMENT ON COMMON SPACE AND  NEIGHBORING  PROPER-
 TIES.
   4.  ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF LOW IMPACT LANDSCAPING
 BY A HOMEOWNERS' ASSOCIATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE
 EXACT BASIS FOR REJECTION IN WRITING  WITH  SPECIFIC  EXAMPLES  OF  SUCH
 HOMEOWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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deanna.l.english

11 months ago

Please support this bill. It's so very important to support citizens invested in creating habitat for the support of non-human beings in their space.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7088

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2023-S7088 (ACTIVE) - Details

2023-S7088 (ACTIVE) - Summary

2023-S7088 (ACTIVE) - Sponsor Memo

2023-S7088 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7088

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Judiciary Committee

2023-S7088 (ACTIVE) - Details

2023-S7088 (ACTIVE) - Summary

2023-S7088 (ACTIVE) - Sponsor Memo

2023-S7088 (ACTIVE) - Bill Text download pdf

Comments