Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Mar 09, 2023 | referred to judiciary |
Mar 08, 2023 | delivered to assembly passed senate |
Feb 06, 2023 | advanced to third reading |
Feb 01, 2023 | 2nd report cal. |
Jan 31, 2023 | 1st report cal.217 |
Jan 11, 2023 | referred to judiciary |
senate Bill S1305
Sponsored By
Leroy Comrie
(D) 14th Senate District
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
Votes
Co-Sponsors
Luis R. Sepúlveda
(D) 32nd Senate District
S1305 (ACTIVE) - Details
S1305 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1305 SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to access to adjoining property to make improvements or repairs PURPOSE OR GENERAL IDEA OF BILL: To establish a framework for property owners to make improvements and repairs that require access to adjoining property, and the rights of the adjoining property owners. SUMMARY OF PROVISIONS: Section one amends Section 881 of the real property actions and proceedings law to define terms and establish a framework for a property owner making improvements or repairs to access an adjoining property. Section two establishes severability.
S1305 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1305 2023-2024 Regular Sessions I N S E N A T E January 11, 2023 ___________ Introduced by Sens. COMRIE, SEPULVEDA -- 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. 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
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