Enacts the low impact landscaping rights act

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10102

                                  I N  A S S E M B L Y

                                    January 30, 2026
                                       ___________

        Introduced  by M. of A. GLICK -- 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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "low impact landscaping rights act".
     3    §  2.  The real property law is amended by adding a new article 9-F to
     4  read as follows:
     5                                  ARTICLE 9-F
     6                      LOW IMPACT LANDSCAPING RIGHTS ACT
     7  SECTION 344-AA. LEGISLATIVE INTENT.
     8          344-BB. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOME-
     9                    OWNERS' ASSOCIATIONS PROHIBITED.
    10    § 344-AA. LEGISLATIVE INTENT. IT IS IN THE INTEREST OF  THE  STATE  TO
    11  ENCOURAGE BIODIVERSITY IN THE NATURAL LANDSCAPES ACROSS NEW YORK.  RESI-
    12  DENTIAL  LAWNS  COMPOSE A SIGNIFICANT PORTION OF LOCALITIES' LANDSCAPES,
    13  AND THE TURFGRASS MONOCULTURES THAT ARE TYPICALLY  CULTIVATED  ON  LAWNS
    14  ADVERSELY AFFECT BIODIVERSITY OF FLORA AND FAUNA. TURFGRASS MONOCULTURES
    15  PROVIDE  LITTLE TO NO BENEFIT FOR POLLINATORS AND OTHER NATIVE WILDLIFE,
    16  AND REQUIRE PESTICIDES, HERBICIDES, AND LARGE AMOUNTS OF WATER TO RETAIN
    17  THE ARTIFICIAL ENVIRONMENT. THIS LEGISLATION WILL ENSURE THAT HOMEOWNERS
    18  ARE NOT PREVENTED BY HOMEOWNERS' ASSOCIATIONS FROM INSTALLING AND  MAIN-
    19  TAINING  BENEFICIAL  LOW IMPACT LANDSCAPING ON THEIR PROPERTY.  THIS ACT
    20  IS INTENDED TO BE CONSISTENT WITH EXISTING STATE LAW LIMITING  UNREASON-
    21  ABLE  RESTRICTIONS  BY  HOMEOWNERS' ASSOCIATIONS ON THE INSTALLATION AND
    22  USE OF SOLAR POWER SYSTEMS AND ELECTRIC VEHICLE CHARGING  STATIONS,  AND
    23  TO EXTEND SIMILAR PROTECTIONS TO HOMEOWNERS SEEKING TO INSTALL AND MAIN-
    24  TAIN BENEFICIAL LOW IMPACT LANDSCAPING.
    25    §  344-BB. CERTAIN COVENANTS, CONDITIONS, AND RESTRICTIONS OF HOMEOWN-
    26  ERS' ASSOCIATIONS PROHIBITED. 1. DEFINITIONS. FOR THE PURPOSES  OF  THIS
    27  SECTION:

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04974-02-6
        A. 10102                            2

     1    (A) "RESTRICTION ON USE" MEANS ANY COVENANT, RESTRICTION, OR CONDITION
     2  CONTAINED IN:
     3    (I) A DEED;
     4    (II) A CONTRACT;
     5    (III) THE BY-LAWS OF A HOMEOWNERS' ASSOCIATION;
     6    (IV) ANY RULES OR REGULATIONS ADOPTED BY A HOMEOWNERS' ASSOCIATION;
     7    (V) A SECURITY AGREEMENT; OR
     8    (VI)  ANY  OTHER  INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY
     9  INTEREST IN, REAL PROPERTY.
    10    (B) "LOW IMPACT LANDSCAPING" MEANS:
    11    (I) POLLINATOR GARDENS DESIGNED TO ATTRACT AND PROMOTE THE  HEALTH  OF
    12  POLLINATOR SPECIES;
    13    (II)  RAIN  GARDENS  DESIGNED  TO COLLECT AND RETAIN RAIN WATER IN THE
    14  SOIL AND TO FILTER AND REDUCE RUNOFF;
    15    (III) HABITAT GARDENS DESIGNED TO ATTRACT AND PROMOTE  THE  HEALTH  OF
    16  NATIVE WILDLIFE; OR
    17    (IV)  NATURAL  GARDENING  THAT  USES PLANTS NATIVE TO THE STATE OF NEW
    18  YORK.
    19    2. A HOMEOWNERS' ASSOCIATION SHALL NOT ADOPT OR ENFORCE ANY  RULES  OR
    20  REGULATIONS  THAT  WOULD  EFFECTIVELY  PROHIBIT,  OR IMPOSE UNREASONABLE
    21  LIMITATIONS ON, THE INSTALLATION OR MAINTENANCE OF LOW IMPACT  LANDSCAP-
    22  ING.  A  RESTRICTION ON USE WHICH EFFECTIVELY PROHIBITS THE INSTALLATION
    23  OR MAINTENANCE OF LOW IMPACT  LANDSCAPING  SHALL  BE  UNENFORCEABLE  AND
    24  SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
    25    3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF  THIS SECTION, A HOMEOWNERS'
    26  ASSOCIATION MAY ADOPT OR ENFORCE A RESTRICTION ON USE  TO  PROHIBIT  THE
    27  INSTALLATION OR MAINTENANCE OF LOW IMPACT LANDSCAPING THAT IS:
    28    (A)  LOCATED  ON PROPERTY OWNED BY THE HOMEOWNERS' ASSOCIATION OR THAT
    29  IS LOCATED ON PROPERTY OWNED IN COMMON BY THE MEMBERS OF THE HOMEOWNERS'
    30  ASSOCIATION;
    31    (B) NOT REASONABLY MAINTAINED BY THE HOMEOWNER; OR
    32    (C) NOT DESIGNED WITHIN REASONABLE EXPECTATIONS REGARDING PUBLIC SAFE-
    33  TY, AND REGARDING ENCROACHMENT ON COMMON SPACE AND  NEIGHBORING  PROPER-
    34  TIES.
    35    4.  ANY DENIAL OF A HOMEOWNER'S INSTALLATION OF LOW IMPACT LANDSCAPING
    36  BY A HOMEOWNERS' ASSOCIATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE
    37  EXACT BASIS FOR REJECTION IN WRITING  WITH  SPECIFIC  EXAMPLES  OF  SUCH
    38  HOMEOWNERS' ASSOCIATION'S CONCERNS, IF APPLICABLE.
    39    §  3.  This  act  shall take effect on the sixtieth day after it shall
    40  have become a law.