New York S 9133: Enacts the low impact landscaping rights act

Bill Text

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S09133 Summary:

BILL NOS09133 

&nbsp

SAME ASSAME AS A10102

&nbsp

SPONSORMAY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 9-F §§344-aa & 344-bb, RP L

&nbsp

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.

Go to top S09133 Actions:

BILL NOS09133 

&nbsp

02/05/2026REFERRED TO JUDICIARY

06/03/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/03/2026ORDERED TO THIRD READING CAL.1648

06/03/2026SUBSTITUTED BY A10102

&nbspA10102 AMEND= Glick

&nbsp01/30/2026referred to housing

&nbsp02/26/2026reported referred to codes

&nbsp03/10/2026reported 

&nbsp03/12/2026advanced to third reading cal.301

&nbsp03/30/2026passed assembly

&nbsp03/30/2026delivered to senate

&nbsp03/30/2026REFERRED TO JUDICIARY

&nbsp06/03/2026SUBSTITUTED FOR S9133

&nbsp06/03/20263RD READING CAL.1648

&nbsp06/03/2026PASSED SENATE

&nbsp06/03/2026RETURNED TO ASSEMBLY

Go to topS09133 Committee&nbspVotes:

Go to topS09133 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09133 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9133

 IN SENATE

 February 5, 2026
 ___________

 Introduced by Sen. MAY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 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

 S. 9133 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 homeown