S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6574
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2025
                                ___________
 
 Introduced by M. of A. LEE -- read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the real property law, in relation to a private right of
   action concerning sidewalk sheds
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The real property law is amended by adding  a  new  section
 235-k to read as follows:
   §  235-K.  SIDEWALK  SHEDS.  1.  ANY PROPERTY OWNER IN A CITY HAVING A
 POPULATION OF ONE MILLION OR MORE PERSONS WHO:
   (A) MAINTAINS A SIDEWALK SHED WITHOUT  AN  ACTIVE  PERMIT  (INCLUDING,
 WITHOUT  LIMITATION, BY MAINTAINING A SIDEWALK SHED FOLLOWING EXPIRATION
 OF A PERMIT) IN ACCORDANCE WITH THE REQUIREMENTS OF CHAPTER ONE OF TITLE
 TWENTY-EIGHT OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
   (B) MAINTAINS SUCH SIDEWALK SHED FOR MORE THAN THIRTY CONSECUTIVE DAYS
 WITHOUT ACTIVELY UNDERTAKING WORK ON COVERED REPAIRS NECESSITATING  SUCH
 SIDEWALK SHED;
   (C)  MAINTAINS  A SIDEWALK SHED PERILOUS TO LIFE OR PROPERTY BY REASON
 OF THE NATURE OR CONDITION OF ITS CONTENTS,  ITS  USE,  DEFECTS  IN  ITS
 CONSTRUCTION, OR BY REASON OF ANY CONDITION OF SUCH SIDEWALK SHED; OR
   (D)  MAINTAINS  A  SIDEWALK  SHED AND THE MAINTENANCE OF SUCH SIDEWALK
 SHED IS THE BASIS OF A VIOLATION OF SECTION 28-201.2.2 OF  THE  ADMINIS-
 TRATIVE  CODE  OF  THE CITY OF NEW YORK, MAY BE SUED BY A RESIDENTIAL OR
 COMMERCIAL TENANT OF THE PROPERTY THE SIDEWALK SHED IS  ATTACHED  TO  IN
 THE  SUPREME  COURT  IN THE COUNTY IN WHICH THE PROPERTY IS LOCATED, FOR
 TEMPORARY AND PERMANENT INJUNCTIVE RELIEF AND FOR DAMAGES, IF  ANY,  AND
 THE COSTS OF THE ACTION, INCLUDING REASONABLE ATTORNEY'S FEES.
   2.  A  PLAINTIFF  SHALL NOT BE REQUIRED TO ALLEGE OR PROVE THAT ACTUAL
 DAMAGES HAVE BEEN SUFFERED IN ORDER TO OBTAIN INJUNCTIVE RELIEF.
   3. BEFORE BRINGING A CIVIL ACTION  PURSUANT  TO  THIS  SUBDIVISION,  A
 TENANT  MUST  GIVE  THE  PROPERTY  OWNER  WRITTEN  NOTICE OF THE ALLEGED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08840-02-5
              

 A. 6574                             2
 
 VIOLATION. A TENANT MAY NOT BRING A CIVIL ACTION UNTIL THIRTY DAYS AFTER
 GIVING THE PROPERTY OWNER NOTICE OF THE ALLEGED VIOLATION, EXCEPT  WHERE
 A  TENANT  ALLEGES WITH PARTICULARITY THAT THE PROPERTY OWNER HAS DEMON-
 STRATED  AN  UNWILLINGNESS TO CURE A VIOLATION IN BAD FAITH, AND MAY NOT
 BRING A  CIVIL  ACTION  IF  THE  PROPERTY  OWNER  CORRECTS  THE  ALLEGED
 VIOLATION.  A TENANT MUST BRING A CIVIL ACTION PURSUANT TO THIS SUBDIVI-
 SION WITHIN SIX MONTHS FROM THE DATE THE TENANT  HAD  KNOWLEDGE  OF  THE
 VIOLATION ALLEGED IN SUCH CIVIL ACTION.
   4. FOR THE PURPOSES OF THIS SECTION:
   (A)  "COVERED  REPAIRS"  SHALL MEAN REPAIRS TO THE EXTERIOR WALLS OF A
 BUILDING THAT ARE EITHER (I) REQUIRED PURSUANT TO  SECTION  28-302.5  OF
 THE  ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND ITS AMENDMENTS UPON
 NOTIFICATION TO THE NEW YORK CITY DEPARTMENT OF BUILDINGS OF  AN  UNSAFE
 CONDITION,  OR (II) MADE IN ORDER TO PREVENT THE OCCURRENCE OF AN UNSAFE
 CONDITION AND WHICH, IN EITHER CASE, BECAUSE OF  THE  BUILDING'S  HEIGHT
 AND  THE  NATURE OF REPAIRS, REQUIRE THE INSTALLATION OF A SIDEWALK SHED
 IN ACCORDANCE WITH SECTION 3307.6.3 OF THE NEW YORK CITY BUILDING CODE.
   (B) "SIDEWALK SHED" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION
 27-232 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.