Relates to access to adjoining property to make improvements or repairs, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3799--C
     Cal. No. 350
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sens. COMRIE, HOYLMAN-SIGAL, SEPULVEDA -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Judiciary  -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted,  retaining its place in the order of third reading -- again
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading  --  passed  by  Senate  and delivered to the Assembly,
   recalled, vote reconsidered, restored to third  reading,  amended  and
   ordered reprinted, retaining its place in the order of third reading
 
 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:
 
   Section 1. Section 881 of the real property  actions  and  proceedings
 law,  as added by chapter 220 of the laws of 1968, is amended to read as
 follows:
   § 881. Access to adjoining property to make improvements  or  repairs.
 1.  AS  USED  IN THIS SECTION: (A) THE TERM "DOCUMENT" SHALL INCLUDE BUT
 NOT BE LIMITED TO COPIES OF ANY PLANS,  SPECIFICATIONS,  SURVEYS,  ENGI-
 NEERING REPORTS OR EVIDENCE OF INSURANCE FOR THE WORK TO BE PERFORMED ON
 ADJOINING PROPERTY;
   (B)  THE TERM "LICENSEE" SHALL REFER TO THE OWNER OR LESSEE, AS APPLI-
 CABLE, WHO SEEKS ENTRY ONTO AN ADJOINING PROPERTY;
   (C) THE TERM "ADJOINING OWNER" SHALL REFER TO THE OWNER OR ITS  LESSEE
 OF THE PROPERTY ADJOINING THAT OF THE LICENSEE;
   (D)  THE  TERM  "REFUSE",  "REFUSAL",  OR "REFUSED" SHALL BE DEEMED TO
 INCLUDE INSTANCES WHERE MORE THAN ONE WRITTEN NOTICE HAS BEEN SERVED, BY
 CERTIFIED MAIL, ON THE OWNER AND HAS NOT BEEN RESPONDED TO WITHIN  SIXTY
 DAYS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00711-07-5
 S. 3799--C                          2
 
   (E)  THE TERM "STATE ENTITY" SHALL REFER TO THE METROPOLITAN TRANSPOR-
 TATION AUTHORITY, OR ITS AFFILIATE OR SUBSIDIARY AGENCIES.
   2.  When [an owner or lessee] A LICENSEE seeks to make improvements or
 repairs to real property so situated that such improvements  or  repairs
 cannot  be  made  by  the  [owner  or lessee] LICENSEE IN A COMMERCIALLY
 REASONABLE MANNER without entering the premises of  an  adjoining  owner
 [or  his  lessee], OTHER THAN A STATE ENTITY, and permission so to enter
 has been refused, the [owner or lessee seeking to make such improvements
 or repairs] LICENSEE may commence a special proceeding for a license  so
 to  enter  pursuant to article four of the civil practice law and rules.
 The petition and affidavits, if any, shall state the facts  making  such
 entry  necessary  and  the  date or dates on which entry is sought.  ANY
 ADJOINING OWNER NAMED AS A  PARTY  IN  SUCH  PROCEEDING  SHALL,  AT  THE
 REQUEST  OF THE LICENSEE, PROVIDE SUCH LICENSEE WITH SUCH INFORMATION AS
 SHALL ALLOW THE LICENSEE TO IDENTIFY THE LESSEES OF THE ADJOINING  OWNER
 AND  JOIN  THEM  IN THE PROCEEDING. Such license shall be granted by the
 court in an appropriate case  AND  upon  such  OTHER  terms  as  justice
 requires.  The  licensee  shall be liable to the adjoining owner [or his
 lessee] for actual damages occurring as a result of the entry.
   3. THE PURPOSES FOR WHICH A LICENSEE MAY SEEK PERMISSION TO  ENTER  AN
 ADJOINING PROPERTY PURSUANT TO THIS SECTION MAY INCLUDE:
   (A)  PRECONSTRUCTION SURVEY TO DOCUMENT THE EXISTING CONDITIONS OF THE
 ADJOINING PROPERTY;
   (B) THE INSTALLATION,  MAINTENANCE,  INSPECTION,  REPAIR,  REPLACEMENT
 AND/OR REMOVAL OF: (I) VIBRATION, CRACK OR OPTICAL MONITORING DEVICES ON
 OR  WITHIN  ANY  EXISTING  IMPROVEMENTS  ON THE ADJOINING PROPERTY; (II)
 SHEDS, BRIDGES, NETTING OR OTHER  PROTECTIVE  COVERING  OVER  THE  ROOF,
 FACADES,  WINDOWS,  SKYLIGHTS,  MECHANICAL  EQUIPMENT, CHIMNEYS OR OTHER
 EXTERIOR PORTIONS OF BUILDINGS OR YARDS, WALKWAYS,  DRIVEWAYS  OR  OTHER
 OPEN  AREAS  ON THE ADJOINING PROPERTY; (III) SCAFFOLDING ON OR OVER THE
 ADJOINING PROPERTY; (IV) SHEETING, SHORING, BRACING OR  OTHER  RETAINING
 STRUCTURES  NEEDED  FOR  DEMOLITION,  SUPPORT  OR  EXCAVATION; (V) WHERE
 REQUIRED BY CODE, REGULATION OR LOCAL LAW, ANY NECESSARY  FOUNDATION  OR
 BUILDING  SUPPORTS, INCLUDING, WALL TIES, TIE-BACKS, ANCHORS, STRAPS AND
 UNDERPINNING, FOR ANY DEMOLITION, NEW OR EXISTING  IMPROVEMENTS  ON  THE
 PREMISES  OF THE LICENSEE OR ADJOINING OWNER, INCLUDING, PARTY WALLS; OR
 (VI) FLASHING, SEALING OR OTHER MATERIALS OR EQUIPMENT NEEDED TO  ESTAB-
 LISH  THE WEATHER-PROOF INTEGRITY OF ANY WALL, FOUNDATION OR OTHER EXTE-
 RIOR PORTION OF A BUILDING ON THE ADJOINING PROPERTY;
   (C) TEMPORARY PROJECTIONS OR  INTRUSIONS  INTO  THE  AIRSPACE  OF  THE
 ADJOINING PROPERTY AS NECESSARY TO COMPLETE THE PROPOSED IMPROVEMENTS OR
 REPAIRS;
   (D)  TEMPORARY  OR AT THE LICENSEE'S SOLE OPTION PERMANENT RELOCATION,
 EXTENSION OR OFFSETTING OF ANY CHIMNEYS, VENTS, FLUES, EXHAUSTS OR OTHER
 ROOFTOP EQUIPMENT ON THE ADJOINING PROPERTY, AS REQUIRED  BY  APPLICABLE
 LAW;
   (E) CONSTRUCTION STAGING NECESSARY TO COMPLETE ANY WORK ON THE ADJOIN-
 ING PROPERTY; OR
   (F)  THE  UNDERTAKING  OF  SUCH  OTHER  MEASURES AS MAY BE REQUIRED BY
 APPLICABLE LAW OR GOOD CONSTRUCTION PRACTICE.
   4. THE GRANT OF ANY PERMISSION  PURSUANT  TO  THIS  SECTION  SHALL  BE
 SUBJECT TO THE FOLLOWING CONDITIONS:
   (A) THE EXERCISE OF ANY RIGHT OF ENTRY TO THE ADJOINING PROPERTY SHALL
 BE  UPON  REASONABLE  PRIOR NOTICE TO THE ADJOINING OWNER, AS APPLICABLE
 AND AS THE COURT MAY ESTABLISH, EXCEPT IN CASES OF AN  EMERGENCY  POSING
 AN IMMEDIATE THREAT TO THE SAFETY OF PERSONS OR PROPERTY;
 S. 3799--C                          3
 
   (B)  THE  DURATION  OF THE LICENSE BASED ON A GOOD FAITH PROJECTION OF
 THE DATES AND ESTIMATED DURATION OF ANY ENTRY TO THE ADJOINING PROPERTY.
 THE LICENSEE SHALL THEREAFTER MAKE COMMERCIALLY  REASONABLE  EFFORTS  TO
 ADHERE TO SUCH DATES AND DURATIONS AND IF UNABLE TO DO SO MAKE A REQUEST
 TO THE COURT FOR AN EXTENSION OF SUCH LICENSE;
   (C)  WHERE  PERMISSION INCLUDES A RIGHT TO INSTALL, MAINTAIN, INSPECT,
 REPAIR, REPLACE OR REMOVE ANY DEVICES, STRUCTURES, MATERIALS  OR  EQUIP-
 MENT  ON  THE  ADJOINING PROPERTY, THE GRANTEE LICENSEE SHALL PROVIDE TO
 THE ADJOINING OWNER, AS APPLICABLE, COPIES  OF  ANY  RELEVANT  DOCUMENTS
 PRIOR TO COMMENCEMENT OF SUCH WORK;
   (D)  THE  LICENSEE  AND/OR ANY CONTRACTOR, CONSULTANT OR AGENT THEREOF
 THAT ACCESSES THE ADJOINING  PROPERTY  PURSUANT  TO  THE  LICENSE  SHALL
 PROCURE  AND  MAINTAIN COMMERCIAL GENERAL LIABILITY INSURANCE FOR DAMAGE
 TO PERSONS OR PROPERTY, NAMING THE ADJOINING OWNER AND/OR ITS LESSEE(S),
 AS APPLICABLE AND MADE KNOWN TO THE LICENSEE, AS ADDITIONAL INSUREDS, IN
 SUCH AMOUNTS AS ARE COMMERCIALLY REASONABLE FOR THE ENTRY TO THE ADJOIN-
 ING PROPERTY. THE LICENSEE SHALL PROVIDE THE  ADJOINING  OWNER  AND  ITS
 LESSEES, AS APPLICABLE, WITH RELEVANT DOCUMENTS; AND
   (E)  THE  LICENSEE  SHALL  BE  REQUIRED  TO  REASONABLY COMPENSATE THE
 ADJOINING OWNER FOR THE LOSS OF USE AND ENJOYMENT OF THE ADJOINING PREM-
 ISES INCLUDING DIMINUTION IN VALUE.
   5. THE COURT, IN GRANTING A LICENSE OR OTHERWISE RESOLVING A  PROCEED-
 ING BROUGHT PURSUANT TO THIS SECTION, SHALL BE AUTHORIZED TO:
   (A)  CONSIDER  EVIDENCE  THAT  EITHER  PARTY FAILED TO COMPLY WITH THE
 TERMS OF ANY EXISTING OR PREVIOUSLY EXISTING LICENSE RESPECTING THE SAME
 PROPERTY;
   (B) OBLIGATE THE LICENSEE TO REIMBURSE THE ADJOINING OWNER FOR REASON-
 ABLE FEES INCURRED IN CONNECTION WITH THE REVIEW OF  RELEVANT  DOCUMENTS
 FOR  THE  INSTALLATION,  MAINTENANCE, INSPECTION, REPAIR, REPLACEMENT OR
 REMOVAL OF DEVICES, STRUCTURES, MATERIALS OR EQUIPMENT ON THE  ADJOINING
 PROPERTY; AND
   (C)  INSURE  FOR  DAMAGE  TO  PROPERTY AND PERSONS IF THERE IS UNIQUE,
 PHYSICAL OCCURRENCE CAUSING  PHYSICAL  DAMAGE  TO  PROPERTY  OR  PERSONS
 CAUSED BY THE ACCESS.
   6. NOTWITHSTANDING SUBDIVISION FIVE OF THIS SECTION, WHERE THE ADJOIN-
 ING  PROPERTY  TO  WHICH  THE  LICENSEE SEEKS ACCESS IS OWNED, LEASED OR
 OTHERWISE OCCUPIED BY A STATE  ENTITY,  THE  COURT  SHALL  NOT  GRANT  A
 LICENSE.
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 882 to read as follows:
   § 882. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE  APPLICA-
 TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, THE REMAIN-
 DER  OF  THE  ARTICLE  AND  THE  APPLICATION  OF SUCH PROVISION TO OTHER
 PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
   § 3. This act shall take effect immediately.