NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A357B
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to access to adjoining property to make improvements or repairs
PURPOSE OR GENERAL IDEA OF BILL:
To establish a framework for property owners to make improvements and
repairs that require access to adjoining property, and the rights of the
adjoining property owners.
SUMMARY OF PROVISIONS:
Section one amends Section 881 of the real property actions and
proceedings law to define terms and establish a framework for a property
owner making improvements or repairs to access an adjoining property and
defines state entity.
Section two establishes severability.
Section three establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The amendments make clarifying changes to key definitions regarding
notice, increasing judicial discretion, and protecting the rights of
adjoining lot owners to make determinations regarding certain types of
construction projects.
JUSTIFICATION:
There are circumstances when improvements or repairs on a property
require access to an adjoining owner's property in order to complete a.
project and improve safety. On projects involving scaffolding, generally
there is a legal requirement that sidewalk sheds extend to adjoining
properties to protect pedestrians.
In some cases, owners and their neighbors cannot work out a solution
without going to 'court. The principal law that establishes the terms
under which adjoining property owners may be required to grant access to
their property is the Real Property Actions and Proceedings Law.
Enacted in 1968, Section 881 of this law governs efforts to compel
access to adjoining property in order to undertake improvements on one's
own property. Under this provision of law, the Supreme Court is author-
ized to grant a license to an owner (or lessee) that allows the licensee
to have temporary access to adjoining property, in aid of "improvement
or repairs" to the licensee's property. This bill would create a more
predictable framework that ensures construction projects can proceed
safely and efficiently while protecting the rights of adjoining owners
and improving pedestrian safety.
PRIOR LEGISLATIVE HISTORY:
2024: S1305 passed Senate; A1321 ordered to third reading
2022: S8430-A Passed Senate; A09564A referred to Judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
