Snow‑topped stalls have begun to line New York’s streets long before Thanksgiving, sidestepping a rarely‑checked city rule that bars sidewalk tree sales. The regulation, put in place back in 1938 when the city cracked down on street vendors, says you can’t offer trees on pavements until December. Yet, many vendors have already been hawking spruces, balsams, and firs since November.
“NYC Tree Lady,” headed by seasoned seller Heather Neville, has been trading trees on the Upper East Side and Astor Place since before the holiday season. A spokesperson confirmed that by November 30 the business had all six of its outdoor kiosks up and running.
Greg’s Trees, another veteran in the trade, posted in late November that its outdoor sales were finally kicking off in Brooklyn and the Lower East Side. Similarly, SoHo Trees has set up shop throughout Tribeca, Gramercy Park, Greenwich Village, and the Upper West Side, including a flagship lot on Varick Street.
The vendors haven’t yet responded to the Post’s request for comments.
A representative from the Department of Sanitation explained that the agency pursues violations where vending creates dirty spots, safety hazards, or leaves items exposed overnight. They aim to clear curbside obstructions—like blocked subway entrances, bus stops, sidewalk edges, or storefronts. That said, most enforcement work comes from 311 complaints, business improvement districts, community board input, and concerns from elected officials. As a result, the department largely overlooks illegal tree sales this season.
Only one complaint—filed for a tree setup on Flatbush Avenue in Park Slope—prompted a summons issued on November 21. The rep urged anyone who spots drywall, danger, or other illegal sidewalk conditions to dial 311. Most tree‑related complaints actually crop up in January and February, when discarded trees block streets and sidewalks in the aftermath of holiday sales.
A Department of Transportation official told the Post that sidewalks must remain clear for pedestrians. Any encroachment complaints will be formally evaluated by the agency.
The so‑called Christmas Tree law traces its origins to Mayor Fiorella La Guardia, who demanded that tree vendors secure hard‑to‑get permits. When the city ran out of trees, the Council revised the code: “Storekeepers and peddlers may sell and display coniferous trees during the month of December … on a sidewalk,” the law states. The adjustment means modern vendors don’t need a standard vendor license to sell on a public sidewalk in December, but they still must not block the sidewalk and may need permission to set up in front of a storefront.
The same ordinance also allows merchants to offer palm, myrtle, and willow branches in September and October in observance of the Jewish holiday of Sukkot.
Even in December, some neighborhoods might be out of luck because the law lists streets where vendors are forbidden year‑round. These include parts of Mermaid Avenue in Brooklyn, Fresh Pond Road in Queens, and Delancey Street in Manhattan.
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