S 1305 New York Senate · 2023 Regular Session

Relates to access to adjoining property to make improvements or repairs

This bill allows property owners or tenants to legally enter neighboring land to make necessary improvements or repairs when they cannot do so from their own property. It establishes a court process where a licensee can request a license to access adjoining property after a neighbor refuses permission or fails to respond to a written request. The law specifies permitted activities, such as installing monitoring devices, setting up scaffolding, or repairing foundations, and requires the entering party to provide notice, carry insurance, and compensate the neighbor for use of the land. Courts are empowered to approve these entries under specific terms, including the ability to order reimbursement for professional fees if documents are reviewed, and to award attorney fees if a party acts in bad faith.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2024
Senate Passage
Mar 2024
Assembly Passage
Governor
Introduced Jan 11, 2023 Last action Jun 7, 2024
Floor votes · Senate Mar 8, 2023

How they voted

591
Passed · 3 other
Total votes 63
Mar 8, 2023
D Democratic42
41 Yea 1
97% Yea
R Republican21
18 Yea 1 Nay 2
85% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
18
Key actions
2
Committee
4
Mar 13, 2024
Committee
REFERRED TO JUDICIARY
lower
Mar 13, 2024
Upper · Passed
PASSED SENATE
upper
Jan 3, 2024
Committee
REFERRED TO JUDICIARY
upper
Mar 9, 2023
Committee
REFERRED TO JUDICIARY
lower
Mar 8, 2023
Upper · Passed
PASSED SENATE
upper
Jan 11, 2023
Committee
REFERRED TO JUDICIARY
upper
1 primary · 2 co-sponsors

Sponsors