S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6317
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:

   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
              

 A. 6317                             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.