Senate Bill S4704

                                BILL NUMBER:S4704

TITLE OF BILL:  An act to amend the administrative code of the city of
New York, in relation to allowing property owners to prune tree
branches within their reach

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to allow New York City property owners to
prune obtrusive tree branches that are otherwise under the exclusive
control of the Department of Parks and Recreation's (DPR)
Commissioner.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section 18-105.2, which provides that
any owner of a class one or two property that is a residential condo
or co-op, that is in whole or in part owner-occupied and used
exclusively for residential purposes, and who finds their property
obstructed by the branches of a tree that is under the exclusive
jurisdiction of the DPR Commissioner, may prune the obstructing
branches that are within the owner's reach. The owner may not use any
device to aid their reach, such as a ladder or extended branch
clippers.

Section 2 provides that this act shall take effect immediately.
              

JUSTIFICATION:

City trees that are not properly pruned can at best create a nuisance,
and at worst result in injury or even death. Injuries or deaths from
falling branches have been the result of lawsuit settlements from the
City of New York ranging from $4,000 to $14.8 million throughout last
ten years. In New York City, trees are typically pruned only every
12-15 years, as DPR's budget for tree pruning has been cut to nearly a
quarter of what it once was. The City's inability to keep up with the
pruning demands of its 650,000 street trees has even been the subject
of a recent audit by the New York City Comptroller, who concluded that
the "city's performance is unacceptable," while noting the dangers of
uncared for trees and falling branches.

Homeowners should not be subject to the dangers of trees that have not
been pruned, and the risks of falling branches. This bill aims to
provide a simple solution to this problem, by allowing homeowners to
prune those tree branches that are within their reach.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.