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
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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.