Gov. Kathy Hochul signed New York Senate Bill S3799 into law Dec. 5, 2025, and it is effective immediately. This bill significantly amends Real Property Actions and Proceedings Law (RPAPL) § 881, expanding the rights of property owners to access neighboring properties for construction, repairs, and improvements. This long-awaited update modernizes a statute that had not been meaningfully revised since 1968. By establishing clearer legal standards and procedures for obtaining access to neighboring properties, the bill aims to reduce costly delays and legal uncertainties that have long plagued construction projects, particularly in densely populated areas like New York City. For condominium and cooperative boards, developers, managing agents, and their counsel, the amended statute provides a more predictable framework for negotiating and formalizing protection plans, license agreements, and access arrangements. Most importantly, it offers a clearer legal pathway when neighboring owners are unresponsive or deny access altogether, allowing critical work to move forward without unpredictable and drawn-out disputes. 

Key Takeaways

Legal Standard for Obtaining Access

The amended statute lowers the standard that licensees must establish to be granted access. Previously, a party requesting access was required to demonstrate that such access was necessary to perform improvements or repairs on its own property. The amended statute eases this requirement by permitting access where the project cannot be completed in a commercially reasonable manner without such access. However, this provision does not permit access to properties owned by the Metropolitan Transportation Authority or its affiliate or subsidiary agencies.

Non-responsive Neighbors

The bill clarifies and expands the definition of “refusal” in the context of requests for access. “Refusal” now includes an owner’s failure (i.e., silence) to respond within sixty (60) days to written notice served by certified mail. This clarification is particularly impactful. Previously, the absence of a definition for “refusal” left property owners in a procedural grey area when neighbors ignored or failed to respond to access requests. By codifying silence as a form of refusal, the statute expedites the path to judicial relief.

Broader Scope of Permissible Work

The amended statute explicitly authorizes access for a wide range of construction-related activities, including preconstruction 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 (at the licensee’s sole option) relocation, extension, or offsetting of rooftop equipment (e.g., chimneys, vents, flues), as well as other measures required by applicable law or good construction practice.

Contents of Notice

Licensees are now required to provide the adjoining owner with reasonable prior notice, including good faith projected dates and timelines, before exercising the right of entry. Where the license authorizes the installation, maintenance, inspection, repair, replacement, or removal of any devices, structures, materials, or equipment on the adjoining property, the licensee must also deliver relevant documentation to the adjoining owner before commencing work. The licensee must also provide the adjoining owner, and, where applicable, its lessees with copies of relevant commercial general liability insurance documentation.

Mandatory Compensation for Use and Occupancy

The amended statute requires licensees to provide reasonable compensation to the adjoining owner for the loss of use and enjoyment of the adjoining property, including diminution in value. This codifies what was previously a discretionary or negotiated term, ensuring that property owners are fairly compensated for disruptions and loss caused by construction-related access and entry.

Requirements to Commence an RPAPL § 881 Proceeding

To initiate a special proceeding for a license, the licensee must:

1. Send a written notice to the adjoining owner by certified mail;
2. Receive no response from the adjoining owner after sixty (60) days or receive a refusal;
3. Demonstrate that the work cannot be performed in a commercially reasonable manner without entering the adjoining property; and
4. Confirm that the adjoining property is not owned or occupied by the MTA or its affiliates.

Only after these conditions are met may the licensee petition the court for a license.

Proper Parties for RPAPL § 881 Proceedings

Under the amended statute, adjoining owners must, upon request from the licensee, provide identifying information for any lessees. The licensee is required to join those lessees as parties to the proceeding. This marks a significant procedural change. Prior to the amendment, a licensee could initiate an access proceeding against either the adjoining owner or the lessee individually. 

Court Oversight and Conditions

The amended statute gives judges broader discretion in access disputes. Previously, courts were constrained by vague statutory language that lacked defined terms, failed to specify the purpose for which a licensee could seek access, and offered no clear guidance on resolving disputes or refusals. Now, courts can review noncompliance with existing or prior licenses, require reimbursement of reasonable fees for relevant document review, and ensure insurance coverage for property damage or personal injury resulting from unique access-related conditions.