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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1890
SPONSOR: Glick 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 as Kentucky bluegrass and fescue. Residential lawns
account for a great deal of localities' landscapes, and the uniformity
which is anticipated and frequently required' of these residences is
detrimental to our ecosystems. Turfgrass monocultures have an adverse
effect on flora and fauna, and provide little to no benefit for pollina-
tors and other native wildlife. Moreover, the substantial usage of
hazardous pesticides and herbicides, as well as the use of significant
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:
2023-24: A.6317 Passed Assembly
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
