Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to judiciary |
Jan 17, 2023 |
referred to judiciary |
Assembly Bill A1321
2023-2024 Legislative Session
Sponsored By
RAJKUMAR
Current Bill Status - In Assembly 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
Actions
2023-A1321 (ACTIVE) - Details
2023-A1321 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1321 2023-2024 Regular Sessions I N A S S E M B L Y January 17, 2023 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee 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 article four of the civil practice law and rules. The petition and affi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03173-02-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.