New York Neighbors Now Have Access to Your Property for Repairs

New Yorkers may soon find themselves sharing closer quarters with their neighbors, whether they want to or not.

A recently signed New York state law allows temporary access to adjoining properties for certain construction and repair projects.

Gov. Kathy Hochul signed Senate Bill S3799 into law on Dec. 5, granting homeowners limited access to neighboring properties for repairs, restoration, or new construction in specified circumstances.

The law took effect immediately.

The purpose of the bill is "to establish a framework for property owners to make improvements and
repairs that require access to adjoining property," according to the summary of the legislation.

The bill’s sponsors noted that neighbors don’t always agree on access without going to court. They said the law would clarify the process to make sure projects get done safely and efficiently, while respecting the rights of nearby owners.

When a neighbor can enter your property

The new law explicitly authorizes access for a wide range of construction-related activities, including pre-construction surveys, installation of monitoring devices, scaffolding, protective covering, weatherproofing, temporary airspace intrusions, and, where required by applicable law, any necessary foundation or building supports.

It also authorizes the temporary or permanent relocation, extension, or offsetting of rooftop equipment (such as chimneys, vents, and flues), as well as other measures required by applicable law or good construction practice.

However, neighbors must give the adjoining owner reasonable advance notice—made in good faith and including projected dates and timelines—before entering the property. In most cases, they must also provide relevant project documents and proof of insurance before work begins.

If a neighbor fails to respond within 60 days of receiving written notice by certified mail, and the person proposing the work shows that the repairs cannot be carried out in a commercially reasonable manner without entering the adjoining property, they may apply for a license granting access.

This makes it easier to move forward legally when neighboring owners won’t respond or allow access, preventing important work from being stalled by ongoing disputes.

Attorneys’ fees may also be awarded in cases of bad faith or delay by either party.

Rights of adjoining property owners

The law also outlines the rights of the adjoining property owners.

It requires neighbors to reasonably compensate the adjoining owner for any "loss of use and enjoyment" of the property, including any reduction in value.

According to the law, the homeowner undertaking the construction or repairs would also be responsible for any damage to the adjoining property.

Mixed reaction to the law

After the bill was signed into law, Jenifer Rajkumar, the lead sponsor of the legislation, wrote on Facebook: “This law creates a clear process for accessing a neighbor’s property when necessary, protecting everyone’s rights and preventing costly delays. A win for homeowners, tenants, and safer communities!”

Rocco Sagarese wrote on Facebook, "This is a very good law indeed. I am a retired New York building inspector and I have had problems with this situation in the past. I have read the law and it covers everything that I personally encountered during construction inspections. This protects each homeowner and should keep it from going to court."

But the law does have its critics.

Christopher Watler wrote on Facebook, "Having a hard time seeing how this helps a homeowner whose right to enjoy their property is subject to infringement by a developer or other owner seeking to make repairs. I know the intention is noble here, but it is not solving the problem equitably. It is simple shifting the burden onto the property owner or lessee who is simply living their lives and wanting to enjoy their property without infringement."