New York Assembly Bill A01890

New York 2025-2026 Regular Session

• Introduced: 1/14/25
• Refer: 1/14/25
• Report Pass: 4/2/25
• Engrossed: 5/28/25
• Refer: 5/28/25
• Engrossed: 6/11/25
• Enrolled: 10/9/25
• Vetoed: 10/16/25

Caption

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.

Summary

Bill A01890, known as the 'Low Impact Landscaping Rights Act', seeks to amend the real property law to protect homeowners' rights to install and maintain low impact landscaping on their properties. This legislation aims to counteract the restrictive practices of homeowners' associations (HOAs) that may impose unreasonable limitations on such landscaping efforts. The bill defines low impact landscaping to include pollinator gardens, rain gardens, habitat gardens, and natural gardening with native plants, all of which contribute to biodiversity and environmental health.

Impact

If enacted, this bill will significantly alter the authority of homeowners' associations in New York State by prohibiting them from enforcing rules that restrict or prohibit low impact landscaping. This change will empower homeowners to create environmentally beneficial landscapes without fear of reprisal from HOAs, thereby promoting biodiversity and reducing reliance on harmful landscaping practices. The bill will also clarify the conditions under which HOAs can impose restrictions, ensuring that any limitations are reasonable and justifiable.

Sentiment

The general sentiment surrounding Bill A01890 appears to be favorable, as indicated by the voting history. The bill passed the Assembly Housing Committee with a vote of 21-5 and subsequently received a final passage vote of 97-47 in the Assembly and 37-22 in the Senate. This suggests a significant level of support among legislators, although the presence of dissenting votes indicates that there are concerns among some members regarding the implications of the bill.

Contention

Notable points of contention include the potential for conflict between homeowners' rights and the authority of homeowners' associations. Some legislators may be concerned about the implications of allowing homeowners to bypass HOA regulations, potentially leading to disputes over property aesthetics and maintenance standards. Additionally, there may be differing opinions on what constitutes 'reasonable' limitations that HOAs can impose, which could lead to further legal challenges and interpretations.