Assemblymember Jenifer Rajkumar sponsored a new law signed by Hochul that cuts back on some of the bureaucratic red tape surrounding construction projects by allowing owners or lessees access to adjoining properties for needed repairs or affordable housing projects. The bill aims to streamline the process by cutting down on legal disputes between property owners, setting up clearer definitions in the existing real property actions and proceedings law and expanding the list of permitted activities.
The green walls surrounding construction on the streets are known as “sidewalk sheds” and often block sidewalks for the duration of the project. Larger projects, such as new affordable housing, can often require access to over ten neighboring lots in the surrounding area for safety practices, which can prolong its timeline. In some cases, that extra time has cost an extra $800,000 to $1 million. The blight of continual construction on the City even rallied former Mayor Eric Adams to start a full campaign, “Get Those Sheds Down,” in 2024 after releasing a study that showed scaffolding and sidewalk sheds cost businesses up to $10,000 a month.
“Too many businesses throughout New York City have been shrouded by hundreds of miles of sidewalk sheds and scaffolding, some of which have been up for decades,” said Adams in a press release on the study. “Those sheds may have gone up to keep people safe, but they’re still up because it’s cheaper for building owners to leave them up than to fix their buildings.
The bill also addresses legal battles with property owners who demand “extortionary” compensation for the access to an adjoining lot by allowing courts to consider prior violations of earlier access licenses and force reimbursement of reasonable professional review fees, such as engineers or lawyers. However, a member of Rajkumar’s team noted that the new law also institutes protections for adjoining property owners by requiring prior notice, mandating insurance coverage, holding builders liable for any damage. Tenants in affected properties will also be compensated for any “loss of use” or detriment to their quality of life throughout the process. The only buildings off limits are federal or state-owned property.
“Good contracts make good neighbors, and now all neighbors will enjoy a fair, efficient, and transparent process when one needs access to the other’s property. My bill makes home and building repairs faster, safer, and easier for all New Yorkers. It gets unsightly sidewalk sheds down and affordable housing up. This is a win for homeowners, tenants, and safer communities,” said Rajkumar.
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