Courts Cast Doubt On Fees To Neighbors For Routine Building Work

Two trial courts have recently cast doubt on neighbors' ability to demand fees for access for routine façade inspections and repairs. Under New York City Local Law 11 (of 1998), building owners must inspect their facades every five years and repair any unsafe condition. Given the close quarters of New York City buildings, the hanging scaffolding necessary to comply with the law must often overhang neighbors. If the neighbor refuses access for this inspection and repair work, New York law provides a remedy.

Under Section 881 of the N.Y.S. Real Property Law, when a property owner seeks to make repairs or improvements and requires entry onto a neighbor's property and is refused, it may petition the court to issue a license for the entry. The petitioner must show necessity (such as the need to comply with Local Law 11) and will be responsible for actual damages as a result of the entry. Neighbors sometimes resist allowing such access or demand fees in return for