Declaration No. 3 – A Brief Background

If you have ever wondered how Forest Hills Gardens has maintained its unique character and charm over the years, the answer lies in “Dec. 3, the set of rules and covenants that govern all our properties. But what is Dec. 3 and how did it come to be?

To understand Dec. 3, we need to go back in history to before 1909, when what is now the Gardens was 142 acres of undeveloped land then owned by Sage Foundation Homes Company. The Homes Company wanted to develop a “garden community” (actually the first of its kind in America). To this end, it enlisted the expertise of Grosvenor Atterbury and Frederick Law Olmsted, Jr., who planned our beautiful streets, parks and building lots. When the planning was done, the Homes Company wanted to ensure that future owners of properties in the Gardens would preserve the character and integrity of the community, and imposed a set of covenants, rules, restrictions and charges on all of the Gardens properties through a series of legal “declarations” the most recent of which was called “Declaration No. 3,” or, as we call it, “Dec. 3,” which was signed in 1913. 

Later, the Homes Company transferred the properties to Gardens Corporation (now known as Forest Hills Gardens Corporation) subject to all of the provisions of Dec. 3, and the Gardens Corporation then transferred the properties to individual homeowners, again subject to the provisions of Dec. 3. So now, if you look up your deed in the county clerk’s office, you will see that you own your property subject to all of the rules, covenants and restrictions of Dec. 3.



Dec. 3 was originally set to expire in 1950, but it contains a mechanism for renewal by the residents every 20 years thereafter, and it was indeed renewed in 1950, 1970, 1990 and 2010. The next renewal is now being planned for 2030. Renewal requires the consent, in writing, of two-thirds of the owners of property in the Gardens, measured by area.



Dec. 3 is the legal underpinning for the maintenance and preservation of our unique and beautiful community. It ensures that our properties are used only for residential purposes, that changes to our properties conform to specific architectural standards, and that we have the means to maintain our streets, sidewalks and parks through the collection of our annual maintenance charges. You will be hearing more about the renewal process over the coming months, but with this background you will have a rough idea of what Dec. 3 is, and how important it is to our future. If you would like to read Dec.3, you can find it on our website and printed copies are available at the Gardens office.

FHGC Legal Update

The Board is pleased to report that it has settled the federal lawsuit that was filed by the Corporation last year against the City of New York. The Corporation claimed in the lawsuit that security measures taken by the New York City Police Department (“NYPD”) on streets owned by the Corporation during the 2023-2025 concert seasons in and around the Stadium constituted a physical taking, or in the alternative, a procedural due process violation. In settlement of those claims, the City will pay the Corporation $150,000, and, most importantly, going forward, the NYPD will consult with the Corporation regarding planned security arrangements on Corporation-owned property in and around the Stadium. Those consultations have already begun. In exchange, the Corporation has dismissed the lawsuit. The terms of settlement have also been “so ordered” by the Court, which gives them the weight of a court order. A copy of the so-ordered agreement is available here.

The settlement is expected to result in a net positive budgetary impact of approximately $50,000 to $70,000 after accounting for all costs incurred in preparing and filing the case. The agreement is premised on the acknowledgment by the City that the streets in question are owned by the Corporation. Finally, the settlement ensures that the NYPD will maintain an on-site security presence for the upcoming concert season.

The Corporation's litigations with the WSTC and the concert promoter remain ongoing. The Corporation currently has no input into or control over the number or frequency of events held at the Stadium. Nevertheless, the settlement with the City assures a police presence for all events held at the Stadium, which the Board continues to believe is too many. The parties are engaged in active discussions about a possible resolution concerning, in large part, restrictions on the number of shows for future seasons. As with all settlement discussions, there is no assurance that such discussions will result in an agreement.

Burns Street Long-Term

Tree Canopy Revitalization

The landscape committee, with input from our arborist, has mapped out a long term phased approach to rejuvenating the street trees on Burns Street.  The “cathedral” like canopy looking down Burns Street is one of the most photographed views in the Gardens.

Once planted in a monoculture of Elms which perished in the Dutch Elm disease blight that started in the early 1920s, this street was replanted with a unified stand of Northern Red Oaks. This approach was also the case in other places like Harvard Yard and many other campuses and streetscapes across America. The trees were also not planted at the center of the median, causing spalling of adjacent pavements. As these iconic trees age out, the Landscape Committee will be allocating a portion of its budget to the long-term removal of vulnerable trees. This proactive management ensures that this iconic streetscape remains part of our cultural landscape. 

Burns Street will be replanted with a more biodiverse and climate adapted mix of species including: 

• Princeton Elm (Ulmus Americana) a disease resistant cultivar of the Elm 
• Swamp White Oak a highly urban tolerant oak species (Quercus bicolor)
• Honey locust - (Gleditsia triacanthos var. inermis)
• Chinquapin oak (Quercus muhlenbergii)
• Willow oak (Quercus phellos)
• Yellowwood (Cladrastus Kentuckea) 
• Black gum (Nyssa sylvatica)