Enacts the low impact landscaping rights act
A10102 would enact the “low impact landscaping rights act” by adding a new article to the Real Property Law. The bill is aimed at protecting homeowners who want to install and maintain environmentally beneficial landscaping, such as pollinator gardens, rain gardens, habitat gardens, and native-plant gardens, from restrictive homeowners’ association rules. Its stated purpose is to promote biodiversity, support pollinators and native wildlife, reduce runoff, and lessen reliance on pesticides, herbicides, and heavy water use associated with turfgrass lawns.
The bill would prohibit homeowners’ associations from adopting or enforcing rules that effectively ban or unreasonably limit low impact landscaping on a homeowner’s property. It also declares such restrictive covenants unenforceable and void as against public policy. At the same time, it preserves HOA authority to restrict landscaping on HOA-owned or common property, to address poorly maintained installations, and to enforce reasonable safety, encroachment, and maintenance standards. If an HOA denies a homeowner’s request, it must provide a written explanation with specific reasons.
The bill’s impact on state law is to create a new statutory limitation on private land-use restrictions in the same general area as existing New York protections for solar energy systems and electric vehicle charging stations. It would affect homeowners’ associations, deed restrictions, bylaws, and other instruments governing property use, while giving homeowners a clearer legal right to install low-impact landscaping. The law would take effect 60 days after enactment.
Overall sentiment appears favorable. The committee and floor votes show the measure advancing with solid support, including passage through Assembly committees and final Assembly approval, and the bill later passing the Senate. The bill’s framing emphasizes environmental benefits, property rights, and consistency with prior state policy limiting unreasonable HOA restrictions.
The main points of contention are likely to center on the scope of HOA authority and the practical enforceability of landscaping standards. Supporters would favor homeowner choice, biodiversity, and water conservation, while potential opponents may be concerned about aesthetic uniformity, neighborhood standards, maintenance burdens, and disputes over what counts as an “unreasonable” limitation or adequate maintenance. The bill attempts to balance those concerns by preserving HOA power over common areas, safety, and neglected installations.
This bill would amend the Real Property Law to create a new statewide rule limiting homeowners’ associations’ ability to restrict certain environmentally beneficial landscaping practices. It would make HOA covenants, bylaws, rules, and similar restrictions unenforceable to the extent they effectively prohibit low impact landscaping on a homeowner’s property, while preserving HOA authority over common property, maintenance, and reasonable safety-related restrictions. The measure would directly affect homeowners, HOAs, property managers, and any private deed or contractual restrictions governing residential land use.
The available legislative history suggests generally positive sentiment toward the bill. It moved through Assembly committee votes and passed the Assembly floor with a substantial margin, and the context indicates it later passed the Senate as well. The bill’s environmental and homeowner-rights framing appears to have resonated with lawmakers, with support likely driven by biodiversity, pollinator protection, and water-conservation goals.
The main tension in the bill is between homeowner autonomy and HOA control over neighborhood appearance and upkeep. Supporters are likely to argue that HOAs should not block pollinator gardens, native plantings, or rain gardens that benefit the environment, while opponents or skeptics may worry about inconsistent aesthetics, enforcement difficulties, and whether some landscaping could create maintenance or safety issues. The bill addresses those concerns by allowing restrictions for HOA-owned/common areas, poor maintenance, and reasonable public-safety or encroachment concerns, and by requiring written explanations for denials.