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New YorkS 37992025-2026 Regular SessionSenate

Relates to access to adjoining property to make improvements or repairs

Sponsored By: Leroy Comrie (Democratic)

Signed by Governor

JUDICIARYWAYS AND MEANS

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

State property blocks court-ordered repair access

Courts cannot grant this repair-access license when neighboring property is owned, leased, or otherwise occupied by a state entity. This includes the Metropolitan Transportation Authority and its affiliates or subsidiaries. Owners and renters needing access to that property cannot use this court process, even when repairs require entry.

Court access for repairs brings added duties

Effective immediately, New York owners and renters can seek court permission to enter neighboring property for improvements or repairs. The work must be impossible to complete in a commercially reasonable way without entry, and permission must have been refused. Refusal includes receiving more than one certified-mail notice without answering within 60 days. The court petition must explain why entry is needed and list the requested dates; approval is not automatic. Access can cover condition surveys, monitoring devices, protective coverings, work areas, scaffolding, shoring, underpinning, and required building supports. It also covers temporary airspace use, construction staging, required chimney or rooftop equipment moves, and measures needed for lawful, sound construction. Applicants must give reasonable advance notice, except during emergencies that immediately threaten people or property. They must provide good-faith dates and duration estimates, make commercially reasonable efforts to follow them, and seek court extensions when needed. Relevant documents must be shared before covered work starts. Applicants and their contractors, consultants, or agents must maintain commercially reasonable liability insurance, with neighboring owners and lessees named as additional insureds. Applicants must pay for actual damage and reasonably compensate neighbors for lost use and enjoyment, including reduced property value. Courts can require repayment of reasonable document-review fees and insurance for damage from a unique physical event caused by access. Courts can also consider failure to follow existing access licenses. At the applicant's request, neighboring owners named in the case must help identify their lessees and join them in the proceeding.

Sponsors & Cosponsors

Sponsor

  • Leroy Comrie

    Democratic • Senate

Cosponsors

  • Brad Hoylman-Sigal

    Democratic • Senate

  • Luis R. Sepúlveda

    Democratic • Senate

  • Robert Jackson

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 253 • No: 20

House vote • 6/13/2025

Assembly floor vote

Yes: 124 • No: 13

Senate vote • 6/12/2025

FLOOR Vote

Yes: 56 • No: 3

Senate vote • 6/4/2025

FLOOR Vote

Yes: 55 • No: 3

committee vote • 2/11/2025

Judiciary Committee Vote

Yes: 18 • No: 1

Actions Timeline

  1. APPROVAL MEMO.13

    12/5/2025Senate

  2. SIGNED CHAP.601

    12/5/2025Senate

  3. DELIVERED TO GOVERNOR

    12/1/2025Senate

  4. RETURNED TO SENATE

    6/13/2025House

  5. PASSED ASSEMBLY

    6/13/2025House

  6. ORDERED TO THIRD READING RULES CAL.642

    6/13/2025House

  7. SUBSTITUTED FOR A357B

    6/13/2025House

  8. REFERRED TO WAYS AND MEANS

    6/12/2025House

  9. RETURNED TO ASSEMBLY

    6/12/2025Senate

  10. REPASSED SENATE

    6/12/2025Senate

  11. AMENDED ON THIRD READING 3799C

    6/9/2025Senate

  12. VOTE RECONSIDERED - RESTORED TO THIRD READING

    6/9/2025Senate

  13. RETURNED TO SENATE

    6/9/2025House

  14. RECALLED FROM ASSEMBLY

    6/9/2025Senate

  15. REFERRED TO JUDICIARY

    6/4/2025House

  16. DELIVERED TO ASSEMBLY

    6/4/2025Senate

  17. PASSED SENATE

    6/4/2025Senate

  18. AMENDED ON THIRD READING 3799B

    5/6/2025Senate

  19. AMENDED ON THIRD READING 3799A

    4/2/2025Senate

  20. ADVANCED TO THIRD READING

    2/24/2025Senate

  21. 2ND REPORT CAL.

    2/12/2025Senate

  22. 1ST REPORT CAL.350

    2/11/2025Senate

  23. REFERRED TO JUDICIARY

    1/30/2025Senate

Bill Text

  • Amendment C

    6/9/2025

    PDF

  • Amendment B

    5/6/2025

    PDF

  • Amendment A

    4/2/2025

    PDF

  • Original

    1/30/2025

    PDF

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