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A01890 Summary:

BILL NOA01890
 
SAME ASSAME AS S07358
 
SPONSORGlick
 
COSPNSRDinowitz, Kelles, Colton, Epstein, Burdick, Levenberg
 
MLTSPNSR
 
Add Art 9-E §§344 & 344-a, RP L
 
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.
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A01890 Memo:

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.
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