NY State Senate Bill 2025-S5445

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2025	referred to judiciary

2025-S5445 (ACTIVE) - Details

See Assembly Version of this Bill:: A6574
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §235-k, RP L

2025-S5445 (ACTIVE) - Summary

Creates a private right of action by a tenant against a landlord in a city having a population of one million or more persons over sidewalk sheds.

2025-S5445 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5445

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the real property law, in relation to a private right of
action concerning sidewalk sheds

 
PURPOSE:

This bill creates a private right of action for residential and commer-
cial tenants of buildings in cities of one million or more when such
buildings illegally maintain sidewalk sheds, maintain sidewalk sheds
that are public nuisances, and maintain sidewalk sheds for unduly long
periods of time without undertaking work necessitating the sidewalk
shed.

 
SUMMARY OF PROVISIONS:

Section one creates a private right of action concerning sidewalk sheds.
Specifically, residential and commercial tenants of buildings in cities
of one million or more could sue property owners maintaining sidewalk

sheds for injunctive relief, damages (if any), and costs when such
buildings illegally maintain sidewalk sheds, maintain sidewalk sheds
that are public nuisances, and maintain sidewalk sheds for unduly long
periods of time without undertaking work necessitating the sidewalk
shed. Property owners would have 30 days to cure a violation before a
lawsuit could be filed.

Section two of the bill relates to the effective date.

 
JUSTIFICATION:

Local Law 11 of 1998 mandates the inspection and repair of facades of
buildings over 6 stories in the City of New York. These requirements and
their predecessors came in response to documented negligence by building
owners that resulted in tragic and preventable deaths. An unintended
consequence of these requirements, however, has been the proliferation
of sidewalk sheds (commonly referred to as "scaffolding," although scaf-
folding is, more specifically comprehensive covering of a building's
fagade). Half of New York City's scaffolding-totaling 900,000 feet, or
110 miles' worth-is attributable to the requirements of Local Law 11.

For residents and businesses owners on scaffolded blocks, sidewalk sheds
are a costly eyesore. They plunge formerly sun-drenched sidewalks into
shadow and deter customers. According to one study commissioned by New
York City, sidewalk sheds could cost businesses between $4,000 and
$9,500 each month. In extreme cases, scaffolding boards provide shelter
for drug-dealing and other illegal activity by reducing light and foot
traffic. The Upper West Side is uniquely plagued by sidewalk sheds. In
April 2024, it was reported that on one stretch of West End Avenue,
between W. 107th St. and W. 72nd St., there were 57 sidewalk sheds, the
most per-block in the entire City.

This legislation gives tenants subject to sidewalk sheds recourse when
buildings illegally maintain sidewalk sheds, maintain sidewalk sheds
that are public nuisances, and maintain sidewalk sheds for unduly long
periods of time without undertaking work necessitating the sidewalk
shed. It is long past time for building owners to be accountable for the
real human costs of sidewalk sheds, and this legislation will ensure
that building owners are incentivized to legally and timely initiate
repairs such that sidewalk sheds are only erected and maintained to the
extent necessary.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law.

2025-S5445 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5445
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed 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

 S. 5445                             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.

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Senate Bill S5445

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S5445 (ACTIVE) - Details

2025-S5445 (ACTIVE) - Summary

2025-S5445 (ACTIVE) - Sponsor Memo

2025-S5445 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5445

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

2025-S5445 (ACTIVE) - Details

2025-S5445 (ACTIVE) - Summary

2025-S5445 (ACTIVE) - Sponsor Memo

2025-S5445 (ACTIVE) - Bill Text download pdf

Comments