S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9564--A
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee
 
 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 THE TERM "DOCUMENT" SHALL INCLUDE BUT NOT  BE
 LIMITED  TO  COPIES  OF  ANY PLANS, SPECIFICATIONS, SURVEYS, ENGINEERING
 REPORTS OR EVIDENCE OF INSURANCE FOR THE WORK TO BE PERFORMED ON ADJOIN-
 ING PROPERTY.
   2. When an owner or lessee seeks to make improvements  or  repairs  to
 real  property  so  situated that such improvements or repairs cannot be
 made by the owner or lessee without entering the premises of an  adjoin-
 ing  owner  or  his lessee, and permission so to enter has been refused,
 the owner or lessee seeking to make such  improvements  or  repairs  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 affi-
 davits, if any, shall state the facts making such  entry  necessary  and
 the  date  or  dates  on  which  entry is sought. ANY ADJOINING OWNER OR
 LESSEE NAMED AS A PARTY IN SUCH PROCEEDING MAY, AT THE REQUEST OF    THE
 OWNER  OR  LESSEE  SEEKING SUCH ENTRY, PROVIDE SUCH OWNER OR LESSEE WITH
 SUCH INFORMATION AS SHALL ALLOW THE OWNER  OR  LESSEE  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14811-03-2
              

 A. 9564--A                          2
 
   3.  THE  PURPOSES  FOR WHICH AN OWNER OR LESSEE MAY SEEK PERMISSION TO
 ENTER AN ADJOINING PROPERTY PURSUANT  TO  THIS  SECTION  SHALL  INCLUDE,
 WITHOUT LIMITATION:
   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 OF EXCAVATION; (V) FOUNDATION
 OR BUILDING SUPPORTS, INCLUDING, WITHOUT  LIMITATION,  WALL  TIES,  TIE-
 BACKS,  ANCHORS,  STRAPS  AND  UNDERPINNING,  FOR ANY DEMOLITION, NEW OR
 EXISTING IMPROVEMENTS, ON THE  PREMISES  OF  THE  GRANTEE  OR  ADJOINING
 OWNER;  INCLUDING,  WITHOUT  LIMITATION,  PARTY WALLS; OR (VI) FLASHING,
 SEALING OR OTHER MATERIALS OR EQUIPMENT NEEDED TO ESTABLISH THE WEATHER-
 PROOF INTEGRITY OF ANY WALL, FOUNDATION OR OTHER EXTERIOR 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 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 APPLI-
 CABLE 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 OR LESSEE, AS
 APPLICABLE AND AS THE COURT MAY ESTABLISH, EXCEPT IN CASES OF  AN  EMER-
 GENCY POSING AN IMMEDIATE THREAT TO THE SAFETY OF PERSONS OR PROPERTY;
   B.  THE  GRANTEE  SHALL  PROVIDE  TO THE ADJOINING OWNER OR LESSEE, AS
 APPLICABLE AND AS  REASONABLY PRACTICABLE BUT  NO  LATER THAN THE DELIV-
 ERY DATE OF THE APPLICABLE NOTICE REQUIRED PURSUANT TO  PARAGRAPH  A  OF
 THIS  SUBDIVISION,  A  GOOD  FAITH PROJECTION OF THE DATES AND ESTIMATED
 DURATION OF ANY ENTRY TO THE ADJOINING PROPERTY. THE GRANTEE SHALL THER-
 EAFTER MAKE DILIGENT EFFORTS TO ADHERE TO SUCH DATES AND DURATIONS;
   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 SHALL PROVIDE TO THE ADJOIN-
 ING OWNER OR LESSEE, AS APPLICABLE, COPIES  OF  ANY  RELEVANT  DOCUMENTS
 PRIOR TO COMMENCEMENT OF SUCH WORK;
   D.  THE  GRANTEE  AND 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 OWNER AND ANY APPLICABLE LESSEE  OF  THE
 ADJOINING PROPERTY MADE KNOWN TO GRANTEE AS ADDITIONAL INSUREDS, IN SUCH
 AMOUNTS  AS  ARE  COMMERCIALLY REASONABLE FOR THE ENTRY TO THE ADJOINING
 PROPERTY. THE GRANTEE SHALL PROVIDE THE OWNER AND ANY APPLICABLE  LESSEE
 OF THE ADJOINING PROPERTY WITH RELEVANT APPROVED DOCUMENTS; AND
 A. 9564--A                          3
 
   E.  THE GRANTEE SHALL BE REQUIRED TO REASONABLY COMPENSATE THE ADJOIN-
 ING OWNER OR THEIR LESSEE FOR THE USE AND  OCCUPANCY  OF  THE  ADJOINING
 PREMISES.
   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 PROP-
 ERTY;
   B. OBLIGATE THE GRANTEE TO REIMBURSE THE OWNER OR LESSEE, AS  APPLICA-
 BLE,  OF  THE ADJOINING PROPERTY FOR REASONABLE ARCHITECT'S AND/OR ENGI-
 NEER'S 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;
   C. APPROVE, AND OBLIGATE THE LESSEE OR THE OWNER,  AS  APPLICABLE,  OF
 THE  ADJOINING  PROPERTY  TO ACCEPT SUCH DOCUMENTS FOR THE INSTALLATION,
 MAINTENANCE, INSPECTION, REPAIR,  REPLACEMENT  OR  REMOVAL  OF  DEVICES,
 STRUCTURES,  MATERIALS  OR  EQUIPMENT  ON  THE ADJOINING PROPERTY AS THE
 GRANTEE MAY PRESENT DURING THE PROCEEDING;
   D. APPROVE, AND OBLIGATE THE LESSEE TO ACCEPT REASONABLE  COMMENTS  ON
 DOCUMENTS PROPOUNDED BY THE ADJOINING OWNER OR LESSEE OR THEIR EXPERT;
   E.  INSURE FOR PROPERTY AND PERSON IF THERE IS UNIQUE, PHYSICAL OCCUR-
 RENCE CAUSING PHYSICAL DAMAGE TO PROPERTY OR PERSONS; AND
   F. AWARD REASONABLE ATTORNEYS' FEES TO EITHER  PARTY  UPON  A  FINDING
 THAT THE OTHER PARTY ACTED IN BAD FAITH OR ENGAGED IN WILLFUL MISCONDUCT
 IN SEEKING, DENYING, OR CONDITIONING ITS APPROVAL OF THE RIGHTS OF ENTRY
 THAT ARE THE SUBJECT OF THE PROCEEDING.
   §  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.