Bill Text: NY S08430 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides an owner or lessee access to adjoining property to make improvements or repairs for certain circumstances.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Engrossed - Dead) 2022-06-01 - referred to judiciary [S08430 Detail]

Download: New_York-2021-S08430-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8430

                    IN SENATE

                                    February 28, 2022
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed 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. When an owner or lessee seeks to make improvements or repairs to real
     6  property so situated that such improvements or repairs cannot be made by
     7  the owner or lessee without entering the premises of an adjoining  owner
     8  or his lessee, and permission so to enter has been refused, the owner or
     9  lessee  seeking  to  make  such  improvements  or repairs may commence a
    10  special proceeding for a license so to enter pursuant to article four of
    11  the civil practice law and rules. The petition and affidavits,  if  any,
    12  shall  state the facts making such entry necessary and the date or dates
    13  on which entry is sought. Any adjoining owner or lessee named as a party
    14  in such proceeding may, at the request of  the owner or  lessee  seeking
    15  such  entry, provide such owner or lessee with such information as shall
    16  allow the owner or lessee to identify the lessees of the adjoining owner
    17  and join them in the proceeding. Such license shall be  granted  by  the
    18  court  in  an  appropriate  case  and  upon  such other terms as justice
    19  requires. The licensee shall be liable to the  adjoining  owner  or  his
    20  lessee for actual damages occurring as a result of the entry.
    21     2.  The  purposes for which an owner or lessee may seek permission to
    22  enter an adjoining property pursuant  to  this  section  shall  include,
    23  without limitation:
    24    a.   Preconstruction survey to document the existing conditions of the
    25  adjoining property;
    26    b. The  installation,  maintenance,  inspection,  repair,  replacement
    27  and/or removal of: (i) vibration, crack or optical monitoring devices on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14811-01-2
        S. 8430                             2

     1  or  within  any  existing  improvements  on the adjoining property; (ii)
     2  sheds, bridges, netting or other  protective  covering  over  the  roof,
     3  facades,  windows,  skylights,  chimneys  or  other exterior portions of
     4  buildings  or  yards,  walkways,  driveways  or  other open areas on the
     5  adjoining property; (iii) scaffolding on or over the adjoining property;
     6  (iv) sheeting, shoring, bracing or other retaining structures needed for
     7  demolition  or  support  of  excavation;  (v)  foundation  or   building
     8  supports,  including, without limitation, wall ties, tie-backs, anchors,
     9  straps and underpinning, for any demolition, new  or  existing  improve-
    10  ments,  including,  without  limitation, party walls, on the premises of
    11  the grantee or adjoining owner; or (vi) flashing, sealing or other mate-
    12  rials or equipment needed to establish the weatherproof integrity of any
    13  wall, foundation or other exterior portion of a building on the  adjoin-
    14  ing property;
    15    c.  Temporary  projections  or  intrusions  into  the  airspace of the
    16  adjoining property as necessary to complete the proposed improvements or
    17  repairs;
    18    d. Temporary or permanent relocation, extension or offsetting  of  any
    19  chimneys,  vents,  flues,  exhausts  or  other  rooftop equipment on the
    20  adjoining property, as required by applicable law;
    21    e. Construction staging necessary to complete any work on the  adjoin-
    22  ing property; or
    23    f. The undertaking of such other measures as may be required by appli-
    24  cable law or good construction practice.
    25    3.    The  grant  of  any permission pursuant to this section shall be
    26  subject to the following conditions:
    27    a. The exercise of any right of entry to the adjoining property  shall
    28  be  upon  reasonable  prior  notice to the adjoining owner or lessee, as
    29  applicable and as the court may establish, except in cases of  an  emer-
    30  gency posing an immediate threat to the safety of persons or property;
    31    b.  The  grantee  shall  provide  to the adjoining owner or lessee, as
    32  applicable and as  reasonably practicable but  no  later than the deliv-
    33  ery date of the applicable notice required pursuant to  paragraph  a  of
    34  this  subdivision,  a  good  faith projection of the dates and estimated
    35  duration of any entry to the adjoining property. The grantee shall ther-
    36  eafter make diligent efforts to adhere to such dates and durations;
    37    c. Where permission includes a right to  install,  maintain,  inspect,
    38  repair,  replace  or remove any devices, structures, materials or equip-
    39  ment on the adjoining property, the grantee shall provide to the adjoin-
    40  ing owner or lessee, as applicable,  copies  of  any  relevant  approved
    41  documents prior to commencement of such work;
    42    d.  The  grantee  and any contractor, consultant or agent thereof that
    43  accesses the adjoining property pursuant to the  license  shall  procure
    44  and  maintain  commercial  general  liability  insurance  for  damage to
    45  persons or property, naming the owner and any applicable lessee  of  the
    46  adjoining  property  as  additional  insureds,  in  such  amounts as are
    47  commercially reasonable for the entry to  the  adjoining  property.  The
    48  grantee shall provide the owner and any applicable lessee of the adjoin-
    49  ing property with relevant approved documents; and
    50    e.  The grantee shall be required to reasonably compensate the adjoin-
    51  ing owner or their lessee for the use and  occupancy  of  the  adjoining
    52  premises.
    53    4.  The court, in granting a license or otherwise resolving a proceed-
    54  ing brought pursuant to this section, shall be authorized to:
        S. 8430                             3

     1    a. Consider evidence that either party failed to comply with the terms
     2  of any existing or previously existing license respecting the same prop-
     3  erty;
     4    b.  Obligate the grantee to reimburse the owner or lessee, as applica-
     5  ble, of the adjoining property for reasonable architect's  and/or  engi-
     6  neer's fees incurred in connection with the review of relevant documents
     7  for  the  installation,  maintenance, inspection, repair, replacement or
     8  removal of devices, structures, materials or equipment on the  adjoining
     9  property;
    10    c.  Approve,  and obligate the grantee or the owner, as applicable, of
    11  the adjoining property to accept such documents  for  the  installation,
    12  maintenance,  inspection,  repair,  replacement  or  removal of devices,
    13  structures, materials or equipment on  the  adjoining  property  as  the
    14  grantee may present during the proceeding;
    15    d.  Approve, and obligate the grantee to accept reasonable comments on
    16  documents propounded by the adjoining owner or tenant or their expert;
    17    e. Insure for property and person if there is unique, physical  occur-
    18  rence causing physical damage to property or persons; and
    19    f.  Award  reasonable  attorneys'  fees to either party upon a finding
    20  that the other party acted in bad faith or engaged in willful misconduct
    21  in seeking, denying, or conditioning its approval of the rights of entry
    22  that are the subject of the proceeding.
    23    § 2. The real property actions  and  proceedings  law  is  amended  by
    24  adding a new section 882 to read as follows:
    25    §  882. Severability. If any provision of this article or the applica-
    26  tion thereof to any person or circumstances is held invalid, the remain-
    27  der of the article and  the  application  of  such  provision  to  other
    28  persons or circumstances shall not be affected thereby.
    29    § 3. This act shall take effect immediately.