What's happening
The Open Driveway Act prohibits blocking shared driveways or alleys without consent and subjects violations to local parking rules.
Why it matters
Protects Access Rights for Shared Properties. By specifically targeting shared driveways and alleys, this act aims to prevent one property owner or tenant from blocking access for others, which can be a common source of neighborhood disputes and hardship.
Empowers Property Owners with Enforcement Options. The act allows any title holder to file a complaint if access is blocked, giving individuals a clear mechanism to address obstructions rather than relying solely on informal neighborly agreements.
Aligns Private Access Blockages with Public Parking Rules. By making violations subject to local parking regulations (similar to public streets) once a complaint is filed, the act brings clarity and enforceability, potentially leading to tickets or towing for violators, and ensuring consistent treatment across different types of access ways.
Defines ‘Blocking’ Broadly. The law covers not just vehicles but any object or obstacle that impedes clear passage, making it harder for individuals to exploit loopholes by using non-vehicle blockages. This ensures the intent of keeping driveways and alleys open is upheld.
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Who cares
Headline styles
Stop Driveway Blocking
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2458
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY, COOK -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to enacting the Open Driveway Act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Open Driveway Act".
§ 2. Section 237 of the vehicle and traffic law is amended by adding a new subdivision 16 to read as follows:
16. (a) To promulgate any rules and regulations where title of real property provides for a common access way including but not limited to, a driveway or alley, blocking of the alleyway or driveway by one party without the consent of the other, or by another person without the consent of both parties, and in the case of an alleyway, the act of blocking shall be subject to local parking regulations as applies to a public street or roadway on the filing of a complaint by one or any of the parties who holds a title of ownership.
(b) For the purposes of this section, "blocking" shall mean the parking, leaving or standing of a motor vehicle or other object or obstacle in the driveway or alleyway in such a manner that a clear passageway is not available for access and egress of any other automobile authorized to use such driveway or alleyway, or garages or parking spaces accessed through such driveway or alleyway.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08403-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.