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.
STATE OF NEW YORK
________________________________________________________________________
6317
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. GLICK, DINOWITZ, KELLES, COLTON -- read once and
referred to the Committee on Housing
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "low impact landscaping rights act".
3 § 2. The real property law is amended by adding a new article 9-e to
4 read as follows:
5 ARTICLE 9-E
6 LOW IMPACT LANDSCAPING RIGHTS ACT
7 Section 344. Legislative intent.
8 344-a. Certain covenants, conditions, and restrictions of home-
9 owners' associations prohibited.
10 § 344. Legislative intent. It is in the interest of the state to
11 encourage biodiversity in the natural landscapes across New York. Resi-
12 dential lawns compose a significant portion of localities' landscapes,
13 and the turfgrass monocultures that are typically cultivated on lawns
14 adversely affect biodiversity of flora and fauna. Turfgrass monocultures
15 provide little to no benefit for pollinators and other native wildlife,
16 and require pesticides, herbicides, and large amounts of water to retain
17 the artificial environment. This legislation will ensure that homeowners
18 are not prevented by homeowners' associations from installing and main-
19 taining beneficial low impact landscaping on their property.
20 § 344-a. Certain covenants, conditions, and restrictions of homeown-
21 ers' associations prohibited. 1. Definitions. For the purposes of this
22 section:
23 (a) "restriction on use" means any covenant, restriction, or condition
24 contained in:
25 (i) a deed;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10502-01-3
A. 6317 2
1 (ii) a contract;
2 (iii) the by-laws of a homeowners' association;
3 (iv) any rules or regulations adopted by a homeowners' association;
4 (v) a security agreement; or
5 (vi) any other instrument affecting the transfer or sale of, or any
6 interest in, real property.
7 (b) "low impact landscaping" means:
8 (i) pollinator gardens designed to attract and promote the health of
9 pollinator species;
10 (ii) rain gardens designed to collect and retain rain water in the
11 soil and to filter and reduce runoff;
12 (iii) habitat gardens designed to attract and promote the health of
13 native wildlife; or
14 (iv) natural gardening that uses plants native to the state of New
15 York.
16 2. A homeowners' association shall not adopt or enforce any rules or
17 regulations that would effectively prohibit, or impose unreasonable
18 limitations on, the installation or maintenance of low impact landscap-
19 ing. A restriction on use which effectively prohibits the installation
20 or maintenance of low impact landscaping shall be unenforceable and
21 shall be void as contrary to public policy.
22 3. Notwithstanding subdivision two of this section, a homeowners'
23 association may adopt or enforce a restriction on use to prohibit the
24 installation or maintenance of low impact landscaping that is:
25 (a) located on property owned by the homeowners' association or that
26 is located on property owned in common by the members of the homeowners'
27 association;
28 (b) not reasonably maintained by the homeowner; or
29 (c) not designed within reasonable expectations regarding public safe-
30 ty, and regarding encroachment on common space and neighboring proper-
31 ties.
32 4. Any denial of a homeowner's installation of low impact landscaping
33 by a homeowners' association shall include a detailed description of the
34 exact basis for rejection in writing with specific examples of such
35 homeowners' association's concerns, if applicable.
36 § 3. This act shall take effect on the sixtieth day after it shall
37 have become a law.
