Bill > A00357

This bill amends the Real Property Actions and Proceedings Law to provide a comprehensive framework for property owners or lessees (called "licensees") to gain access to adjoining properties for making improvements or repairs when direct permission has been refused. The bill establishes detailed definitions and conditions for such access, including specific purposes for which entry may be sought, such as preconstruction surveys, installing monitoring devices, constructing protective structures, and undertaking necessary construction staging. The licensee must provide reasonable notice to the adjoining property owner, maintain commercial liability insurance, compensate the adjoining owner for loss of use and property value, and adhere to court-established terms. Importantly, the bill specifies that while a licensee can seek court permission to access most adjoining properties, they cannot obtain access to properties owned by state entities like the Metropolitan Transportation Authority. The bill also includes a severability clause to ensure that if any part of the law is found invalid, the rest of the law remains in effect. The legislation aims to provide a clear, structured process for resolving property access disputes while protecting the interests of both the licensee and the adjoining property owner.

Budget and Finance, Justice

https://www.nysenate.gov/legislation/bills/2025/A357