Enacts the open driveway act; prohibits the blocking of an alleyway or driveway by one party without the consent of the other, or by another person where the title of real property provides for a common access way; defines the term "blocking".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2458
SPONSOR: Perry (MS) TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to enacting the
Open Driveway Act
PURPOSE:
This legislation would prohibit the blocking of an alleyway or driveway
by one party without the consent of the other, or by another person
where the title of real property provides for a common access way.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 provides that the act shall be known as "Open Driveway Act."
Section 2 of the bill amends § 237 of the vehicle and traffic law by
adding a new subdivision 16. Paragraph a provides that where title to
real property affords for a common access way, including, but not limit-
ed to, a driveway or alleyway, in the event that the alleyway or drive-
way is blocked by one party without the consent of the other, or by
another person without the consent of both parties, the act of blocking
shall be subject to local parking regulations as applies to a public
street, or roadway, on the filing of a complaint by one or any of the
parties who holds a title of ownership. Paragraph b defines "blocking"
as the parking, leaving, or standing of a motor vehicle or other object
or obstacle in the driveway or alleyway in such a manner that clear
passageway is not available for access and egress of any other automo-
bile.
Section 3 of the bill provides the effective date.
JUSTIFICATION:
Many residential properties, especially in urban areas throughout the
state, have shared driveways, or access to available garages and parking
spaces via common alleyways. These shared spaces are private properties
and current laws do not allow an appropriate legal way for local author-
ities to intervene to expeditiously resolve a blocking of the space by
one party without the consent of the other.
If one party decides to be a bad neighbor and blocks the space by leav-
ing a vehicle or other object in the way and refuses to clear the way on
request of the other neighbor, the only civil way to resolve the problem
is for one to take the matter to court. Unfortunately, this never solves
the problem quickly enough when one party needs prompt access or egress.
On occasion, this situation has led to violent physical confrontation
between neighbors, resulting in criminal charges. In other instances,
senior citizens have been the victims of intimidation, and denied the
right to access and egress, with the local authorities being unable to
help.
This bill, when enacted, will provide an expeditious remedy, by allowing
local police authorities the legal right to intervene with the authority
to issue a summons to the violator without criminalizing the property
owner, this law will provide for issuance of a summons, which in most
cases, would lead to the prompt clearing of the driveway or alleyway,
while also serving as a deterrent to future blocking.
PRIOR LEGISLATIVE HISTORY:
2015-2016: A.5023-B - Referred to Transportation
2013-2014: A.3433/S.522 - Referred to Transportation / Cities
2011-2012: A.2662-A - Referred to Transportation
2009-2010: A.8054 - Referred to Transportation
2007-2008: A.3963/S.8451 - Referred to Transportation / Rules
2005-2006: A.1445-B/S.4081 - Referred to Codes / Cities
2003-2004: A.5229 - Referred to Transportation
2001-2002: A.6337-B - Referred to Codes / Transportation
1999-2000: A.11195 - Referred to Transportation
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
Sixty days after becoming a law.
