What's happening
This bill requires developers to provide adjacent homeowners with a pamphlet outlining their rights and resources during nearby construction or development.
Why it matters
Empowers adjacent homeowners with clear legal and practical information. the pamphlet must spell out rights, resources, and processes such as pre-construction surveys, legal representation, and protective measures, helping residents proactively protect their property and interests.
Creates transparency and accountability for developers. by mandating that they inform neighbors about their rights and obligations, including when they must negotiate agreements or compensate for damages—potentially reducing disputes and misunderstandings during construction.
Facilitates access to expert help and city resources. by providing guidelines for finding construction attorneys and engineers, and by listing contacts and department resources, making it easier for homeowners to seek assistance if issues arise.
Encourages oversight and political involvement. by distributing the pamphlet not only to neighbors but also to elected officials, community boards, and other organizations, the bill may increase public scrutiny and advocacy in local development projects.
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Who cares
Headline styles
Protect Neighbors Near Construction
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to cities
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5784
2019-2020 Regular Sessions
IN SENATE
May 14, 2019
Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in relation to enacting the "adjacent neighbors' bill of rights"
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 "adjacent neighbors' bill of rights".
§ 2. The administrative code of the city of New York is amended by adding a new section 28-103.33 to read as follows:
§ 28-103.33 Adjacent neighbors' bill of rights. 1. The commissioner shall develop a pamphlet known as the "adjacent neighbors' bill of rights" advising homeowners who are adjacent to a property under development or construction of their rights and available resources and post such pamphlet on the department's internet website. Such pamphlet shall also be mailed by developers to all homeowners who are adjacent to any property they are developing or constructing when such developers apply for a permit for such development or construction. Copies of such pamphlet shall be provided to all state and local elected officials, community boards, and any other organizations deemed necessary by the commissioner.
2. The pamphlet developed pursuant to this section shall include the following, along with other information added at the discretion of the commissioner, not otherwise inconsistent with the information set forth in the pamphlet:
a. guidelines for identifying and contacting competent construction attorneys and structural engineers to represent an adjacent homeowner before developers and their representatives and the services such attorneys and engineers should provide to such homeowner;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10316-03-9
S. 5784 2
b. an advisory on the availability of homeowners' nights at the department to review plans submitted by developers and further advise homeowners of their rights;
c. an advisory of a homeowner's right to a pre-construction survey, at the developer's expense, when a developer plans to perform underpinning or excavation or encroachments on such homeowner's property;
d. an advisory on when a developer is required to negotiate a license or party wall agreement with the homeowner and that such homeowner should seek representation from a construction attorney;
e. an advisory of a homeowner's right to compel a developer through a party wall or license agreement to take protective measures involving the party wall, including but not limited to, the installation of crack gauges and vibration monitors;
f. an advisory of a homeowner's right to limit permissible hours during which a developer may perform work under a party wall or license agreement;
g. an advisory of a developer's obligations under the New York city building code and other provisions of law, rules or regulations to a homeowner for any damages to a homeowner's property due to such developer's excavation or underpinning; and
h. contact information and other resources within the department related to excavation and underpinning and development plans and permits available to homeowners.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to enacting the "adjacent neighbors' bill of rights"
Purpose or general idea of bill
Relates to enacting the adjacent neighbors' bill of rights
Summary of provisions
The administrative code of the city of New York is amended adding a new section 28-103.
Justification
There have been an increasing number of reports from homeowners in New York City whose properties are being damaged by adjacent or nearby construction and development. The majority of these reports involve either underpinning of party walls in attached buildings or nearby exca- vation that has destabilized foundations. Few, if any, of these homeown- ers are aware that they have rights in these matters, let alone how to proceed legally or who to contact in cases of emergency. Many of those affected are senior citizens who may lack resources to hire the attor- neys and engineers required to address the problems.
This measure directs the New York State Department of Buildings to develop a pamphlet known as the "Adjacent Neighbors Bill of Rights "advising homeowners who are adjacent to a property under development or construction of their rights and available resources, and to post it on the Department's website and such pamphlet to also be mailed by develop- ers to all homeowners who are adjacent to any property. The Department will be required to provide copies to all state and local elected offi- cials, community boards and other organization deemed necessary by the Commissioner.
Amongst other things, the Adjacent Neighbors Bill of Rights will include:
- guidelines for identifying and contacting competent constructions attorneys and structural engineers to represent adjacent homeowners and the services they provide
- an advisory of the right of homeowners to review plans to the Depart- ment submitted by developers
- an advisory of a homeowner's right to a pre-construction survey, at the developer's expense, when a developer plans to perform under pinning or excavation or encroachments on such homeowner's property
- an advisory on when a developer is required to negotiate a license or party wall agreement with a homeowner and that such homeowner should seek representation from a construction attorney
- an advisory of a homeowner's right to compel a developer through a party wall or license agreement to take protective measures involving the party wall
- an advisory of a homeowner's right to limit permissible hours during which a developer may perform work
- an advisory of a developer's obligation under law to homeowners for damages to their property due to the developer's excavations or under- pinning
- contact information and other resources within the department related to excavation, underpinning, development plans and permits available to homeowners
Prior legislative history
None
Fiscal implications for state and local governments
To be determined
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.