STATE OF NEW YORK ________________________________________________________________________ 357 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. RAJKUMAR, COLTON, JACKSON -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to access to adjoining property to make improvements or repairs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 881 of the real property actions and proceedings 2 law, as added by chapter 220 of the laws of 1968, is amended to read as 3 follows: 4 § 881. Access to adjoining property to make improvements or repairs. 5 1. As used in this section: (a) the term "document" shall include but 6 not be limited to copies of any plans, specifications, surveys, engi- 7 neering reports or evidence of insurance for the work to be performed on 8 adjoining property; 9 (b) the term "licensee" shall refer to the owner or lessee, as appli- 10 cable, who seeks entry onto an adjoining property; 11 (c) the term "adjoining owner" shall refer to the owner or its lessee 12 of the property adjoining that of the licensee; and 13 (d) the term "refuse", "refusal", or "refused" shall be deemed to 14 include instances where a request has been made in writing and there is 15 a subsequent absence of any affirmative response within a commercially 16 reasonable time. 17 2. When [an owner or lessee] a licensee seeks to make improvements or 18 repairs to real property so situated that such improvements or repairs 19 cannot be made by the [owner or lessee] licensee in a commercially 20 reasonable manner without entering the premises of an adjoining owner 21 [or his lessee], and permission so to enter has been refused, the [owner 22 or lessee seeking to make such improvements or repairs] licensee may 23 commence a special proceeding for a license so to enter pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00711-01-5
A. 357 2 1 article four of the civil practice law and rules. The petition and affi- 2 davits, if any, shall state the facts [making such entry necessary and 3 the date or dates on which entry is sought] supporting the entry and the 4 date or dates upon which entry is sought. Any adjoining owner named as 5 a party in such proceeding shall, at the request of the licensee, 6 provide such licensee with such information as shall allow the licensee 7 to identify the lessees of the adjoining owner and join them in the 8 proceeding. Such license shall be granted by the court in an appropriate 9 case and upon such other terms as justice requires. The licensee shall 10 be liable to the adjoining owner [or his lessee] for actual damages 11 occurring as a result of the entry. 12 3. The purposes for which a licensee may seek permission to enter an 13 adjoining property pursuant to this section shall include, without limi- 14 tation: 15 (a) Preconstruction survey to document the existing conditions of the 16 adjoining property; 17 (b) The installation, maintenance, inspection, repair, replacement 18 and/or removal of: (i) vibration, crack or optical monitoring devices on 19 or within any existing improvements on the adjoining property; (ii) 20 sheds, bridges, netting or other protective covering over the roof, 21 facades, windows, skylights, mechanical equipment, chimneys or other 22 exterior portions of buildings or yards, walkways, driveways or other 23 open areas on the adjoining property; (iii) scaffolding on or over the 24 adjoining property; (iv) sheeting, shoring, bracing or other retaining 25 structures needed for demolition, support or excavation; (v) foundation 26 or building supports, including, without limitation, wall ties, tie- 27 backs, anchors, straps and underpinning, for any demolition, new or 28 existing improvements on the premises of the licensee or adjoining 29 owner, including, without limitation, party walls; or (vi) flashing, 30 sealing or other materials or equipment needed to establish the weath- 31 er-proof integrity of any wall, foundation or other exterior portion of 32 a building on the adjoining property; 33 (c) Temporary projections or intrusions into the airspace of the 34 adjoining property as necessary to complete the proposed improvements or 35 repairs; 36 (d) Temporary or permanent relocation, extension or offsetting of any 37 chimneys, vents, flues, exhausts or other rooftop equipment on the 38 adjoining property, as required by applicable law; 39 (e) Construction staging necessary to complete any work on the adjoin- 40 ing property; or 41 (f) The undertaking of such other measures as may be required by 42 applicable law or good construction practice. 43 4. The grant of any permission pursuant to this section shall be 44 subject to the following conditions: 45 (a) The exercise of any right of entry to the adjoining property shall 46 be upon reasonable prior notice to the adjoining owner, as applicable 47 and as the court may establish, except in cases of an emergency posing 48 an immediate threat to the safety of persons or property; 49 (b) The licensee shall provide to the adjoining owner, as applicable 50 and as reasonably practicable but no later than the delivery date of the 51 applicable notice required pursuant to paragraph (a) of this subdivi- 52 sion, a good faith projection of the dates and estimated duration of any 53 entry to the adjoining property. The licensee shall thereafter make 54 commercially reasonable efforts to adhere to such dates and durations or 55 provide timely notification of changes thereto;
A. 357 3 1 (c) Where permission includes a right to install, maintain, inspect, 2 repair, replace or remove any devices, structures, materials or equip- 3 ment on the adjoining property, the grantee licensee shall provide to 4 the adjoining owner, as applicable, copies of any relevant documents 5 prior to commencement of such work; 6 (d) The licensee and/or any contractor, consultant or agent thereof 7 that accesses the adjoining property pursuant to the license shall 8 procure and maintain commercial general liability insurance for damage 9 to persons or property, naming the adjoining owner and/or its lessee(s), 10 as applicable and made known to licensee, as additional insureds, in 11 such amounts as are commercially reasonable for the entry to the adjoin- 12 ing property. The licensee shall provide the adjoining owner and its 13 lessees, as applicable, with relevant documents; and 14 (e) The licensee shall be required to reasonably compensate the 15 adjoining owner for the use and occupancy of the adjoining premises. 16 5. The court, in granting a license or otherwise resolving a proceed- 17 ing brought pursuant to this section, shall be authorized to: 18 (a) consider evidence that either party failed to comply with the 19 terms of any existing or previously existing license respecting the same 20 property, or failed to respond to a written request within a commercial- 21 ly reasonable time; 22 (b) obligate the licensee to reimburse the adjoining owner for reason- 23 able architect's and/or engineer's fees incurred in connection with the 24 review of relevant documents for the installation, maintenance, 25 inspection, repair, replacement or removal of devices, structures, mate- 26 rials or equipment on the adjoining property; 27 (c) approve, and obligate the adjoining owner to accept such documents 28 for the installation, maintenance, inspection, repair, replacement or 29 removal of devices, structures, materials or equipment on the adjoining 30 property as the licensee may present during the proceeding; 31 (d) approve, and obligate the licensee to accept reasonable comments 32 on documents propounded by the adjoining owner; 33 (e) insure for damage to property and persons if there is unique, 34 physical occurrence causing physical damage to property or persons 35 caused by the access; and 36 (f) award reasonable attorneys' fees to either party upon a finding 37 that the other party acted in bad faith or engaged in willful misconduct 38 in seeking, denying, or conditioning its approval of the rights of entry 39 that are the subject of the proceeding. 40 § 2. The real property actions and proceedings law is amended by 41 adding a new section 882 to read as follows: 42 § 882. Severability. If any provision of this article or the applica- 43 tion thereof to any person or circumstances is held invalid, the remain- 44 der of the article and the application of such provision to other 45 persons or circumstances shall not be affected thereby. 46 § 3. This act shall take effect immediately.