Bill > S03799

This bill amends the Real Property Actions and Proceedings Law to provide a comprehensive framework for property owners or lessees (called "licensees") to access adjoining properties for making improvements or repairs when direct access is necessary but permission has been refused. The bill defines key terms such as "document," "adjoining owner," and "refuse," and establishes detailed conditions under which a licensee can seek court permission to enter an adjoining property. Specifically, the bill outlines numerous purposes for which entry might be sought, including preconstruction surveys, installation of monitoring devices, protective coverings, scaffolding, foundation supports, and construction staging. The licensee must provide reasonable notice, maintain appropriate insurance, compensate the adjoining property owner for any loss of use or value, and adhere to specific court-mandated conditions. Importantly, the bill includes a provision that prevents licensees from obtaining court-granted access to properties owned or occupied by state entities like the Metropolitan Transportation Authority. The legislation also includes a severability clause to ensure that if any part of the law is found invalid, the remainder of the law remains in effect. The bill aims to provide a clear, structured process for property owners to gain necessary access to adjoining properties while protecting the rights and interests of adjoining property owners.

Budget and Finance, Justice

https://www.nysenate.gov/legislation/bills/2025/S3799