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
