S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    357
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  RAJKUMAR,  COLTON,  JACKSON -- read once and
   referred 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:
 
   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; AND
   (D) THE TERM "REFUSE", "REFUSAL", OR  "REFUSED"  SHALL  BE  DEEMED  TO
 INCLUDE  INSTANCES WHERE A REQUEST HAS BEEN MADE IN WRITING AND THERE IS
 A SUBSEQUENT ABSENCE OF ANY AFFIRMATIVE RESPONSE WITHIN  A  COMMERCIALLY
 REASONABLE TIME.
   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], 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00711-01-5
 A. 357                              2
 
 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] SUPPORTING THE ENTRY AND THE
 DATE  OR DATES UPON 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 SHALL INCLUDE, WITHOUT LIMI-
 TATION:
   (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)  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 LICENSEE OR ADJOINING
 OWNER, INCLUDING, WITHOUT LIMITATION, PARTY  WALLS;  OR  (VI)  FLASHING,
 SEALING  OR  OTHER MATERIALS OR EQUIPMENT NEEDED TO ESTABLISH THE WEATH-
 ER-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
 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;
   (B) THE LICENSEE SHALL PROVIDE TO THE ADJOINING OWNER,  AS  APPLICABLE
 AND AS REASONABLY PRACTICABLE BUT NO LATER THAN THE DELIVERY DATE OF THE
 APPLICABLE  NOTICE  REQUIRED  PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION, 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 OR
 PROVIDE TIMELY NOTIFICATION OF CHANGES THERETO;
 A. 357                              3
 
   (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 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 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
 PROPERTY, OR FAILED TO RESPOND TO A WRITTEN REQUEST WITHIN A COMMERCIAL-
 LY REASONABLE TIME;
   (B) OBLIGATE THE LICENSEE TO REIMBURSE THE ADJOINING OWNER FOR REASON-
 ABLE  ARCHITECT'S AND/OR ENGINEER'S FEES INCURRED IN CONNECTION WITH THE
 REVIEW  OF  RELEVANT  DOCUMENTS  FOR  THE   INSTALLATION,   MAINTENANCE,
 INSPECTION, REPAIR, REPLACEMENT OR REMOVAL OF DEVICES, STRUCTURES, MATE-
 RIALS OR EQUIPMENT ON THE ADJOINING PROPERTY;
   (C) APPROVE, AND OBLIGATE THE ADJOINING OWNER 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 LICENSEE MAY PRESENT DURING THE PROCEEDING;
   (D)  APPROVE,  AND OBLIGATE THE LICENSEE TO ACCEPT REASONABLE COMMENTS
 ON DOCUMENTS PROPOUNDED BY THE ADJOINING OWNER;
   (E) INSURE FOR DAMAGE TO PROPERTY AND  PERSONS  IF  THERE  IS  UNIQUE,
 PHYSICAL  OCCURRENCE  CAUSING  PHYSICAL  DAMAGE  TO  PROPERTY OR PERSONS
 CAUSED BY THE ACCESS; 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.