NY A01321

Amends Real Property Actions and Proceedings Law § 881 to expand access rights for property owners or lessees needing to enter adjoining property for improvements or repairs when permission is refused.

Defines key terms including "licensee" (owner or lessee seeking entry), "adjoining owner" (owner or lessee of adjacent property), and "refusal" (includes no affirmative response within a commercially reasonable time to a written request).

Specifies allowable purposes for entry including preconstruction surveys, installation/maintenance of monitoring devices, scaffolding, protective coverings, foundation supports, and temporary airspace projections necessary for the work.

Requires licensees to provide reasonable prior notice, submit good faith projections of entry dates and duration, provide relevant documents, maintain commercial general liability insurance naming the adjoining owner as additional insured, and reasonably compensate the adjoining owner for use and occupancy.

Authorizes courts to award reasonable attorneys' fees to either party upon finding the other acted in bad faith or engaged in willful misconduct, and to approve documents and award damages as justice requires.