S 3799 New York Senate · 2025 Regular Session

Relates to access to adjoining property to make improvements or repairs

This bill allows property owners or tenants to seek court approval to access a neighbor's land for necessary repairs or improvements when they cannot complete the work reasonably otherwise. It covers specific construction needs like installing monitoring devices, scaffolding, or temporary structures, but requires the owner seeking access to give notice, compensate the neighbor for lost use, and maintain insurance. The court must grant access only after the neighbor refuses entry, and the law explicitly excludes state-owned properties from this process. The bill creates a clear legal pathway for resolving access disputes while protecting adjacent property owners' rights.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Jun 2025
Senate Passage
Jun 2025
Assembly Passage
Jun 2025
Signed into Law
Dec 2025
Introduced Jan 30, 2025 Signed Dec 5, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

S3799B S3799C · 4 edits
MODERATE
This bill version was amended to clarify how 'refusal' of entry is defined and to adjust the purposes for which a licensee may seek permission to enter adjoining property. The definition of refusal now requires more than one written notice served by certified mail with no response within 60 days, rather than a single request with no affirmative response. Additionally, the purposes for entry were modified to limit foundation supports to those required by code, regulation, or local law, and to clarify that chimney relocation is at the licensee's sole option.
Scope change
The bill's scope was narrowed regarding the conditions under which entry permission can be sought and the types of work that qualify for entry.
DEFINITION

The definition of 'refusal' was changed from a single written request with no affirmative response to requiring more than one written notice served by certified mail with no response within 60 days.

REQUIREMENT

The purposes for which entry permission may be sought were modified to specify that foundation or building supports are only permitted when required by code, regulation, or local law.

The relocation of chimneys, vents, flues, or rooftop equipment was changed from 'temporary or permanent' to 'temporary or at the licensee's sole option permanent'.

The list of purposes for entry was changed from 'shall include' to 'may include', indicating the list is no longer exhaustive.

Floor votes · Senate Jun 4, 2025 · Assembly Jun 13, 2025

How they voted

553
Passed · 5 other
Total votes 63
Jun 4, 2025
D Democratic41
36 Yea 5
87% Yea
R Republican22
19 Yea 3 Nay
86% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
7
Committee
3
Amendments
3
Dec 5, 2025
Signed into law
SIGNED CHAP.601
upper
Jun 13, 2025
Lower · Passed
PASSED ASSEMBLY
lower
Jun 12, 2025
Committee
REFERRED TO WAYS AND MEANS
lower
Jun 12, 2025
Upper · Passed
REPASSED SENATE
upper
Jun 9, 2025
Upper · Passed
AMENDED ON THIRD READING 3799C
upper
Jun 4, 2025
Committee
REFERRED TO JUDICIARY
lower
Jun 4, 2025
Upper · Passed
PASSED SENATE
upper
May 6, 2025
Upper · Passed
AMENDED ON THIRD READING 3799B
upper
Apr 2, 2025
Upper · Passed
AMENDED ON THIRD READING 3799A
upper
Jan 30, 2025
Committee
REFERRED TO JUDICIARY
upper
1 primary · 3 co-sponsors

Sponsors