senate Bill S8430A

2021-2022 Legislative Session

Relates to access to adjoining property to make improvements or repairs

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 referred to judiciary
delivered to assembly
passed senate
May 31, 2022 ordered to third reading cal.1661
committee discharged and committed to rules
May 25, 2022 print number 8430a
May 25, 2022 amend and recommit to judiciary
Feb 28, 2022 referred to judiciary

Co-Sponsors

S8430 - Details

See Assembly Version of this Bill:
A9564
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §881, add §882, RPAP L

S8430 - Summary

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

S8430 - Sponsor Memo

S8430 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8430
 
                             I N  S E N A T E
 
                             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:
 
   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. 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 adjoining  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 affidavits,  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.
    2.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S8430A (ACTIVE) - Details

See Assembly Version of this Bill:
A9564
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §881, add §882, RPAP L

S8430A (ACTIVE) - Summary

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

S8430A (ACTIVE) - Sponsor Memo

S8430A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8430--A
 
                             I N  S E N A T E
 
                             February 28, 2022
                                ___________
 
 Introduced by Sens. COMRIE, SEPULVEDA -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee 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.

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