A 10102: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 10102  IN ASSEMBLY 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.