Homeowners Beware: Neighbor Access Rights Have Changed in New York

I have to admit, when I first heard about New York’s new neighbor access law, my first thought was, “Wait, my neighbor can just walk into my property?” If you’re like me, that might sound alarming at first. But here’s the thing: this law isn’t about random visits or nosy neighbors. It’s a carefully designed framework that lets homeowners temporarily access adjoining properties for specific repairs, restoration, or construction projects—legally and safely.

Signed by Governor Kathy Hochul on December 5, 2025, Senate Bill S3799 took effect immediately, and it’s already sparking a mix of reactions across the state. The goal is simple: allow essential work to move forward without getting stuck in endless disputes, while still protecting everyone’s property rights. In this article, I’ll walk you through what the law really means, when a neighbor can legally enter your property, and what you can do to protect yourself—and yes, I’ll share real-world examples and social reactions that give this law context.

The Law at a Glance: Senate Bill S3799

When I first read the details of Senate Bill S3799, signed by Governor Kathy Hochul on December 5, 2025, I realized just how specific and structured this new law is. It’s not about letting neighbors roam freely—it’s about creating a clear, legal pathway for homeowners who need access to adjoining properties to perform repairs, improvements, or construction. The goal is straightforward: get work done safely and efficiently while still respecting everyone’s property rights.

You might be wondering, “Who exactly can step onto my property?” Here’s how it breaks down.

Who Can Access Neighboring Property

Only a few people qualify under this law, and that’s intentional. Access is generally limited to:

• Homeowners or property owners conducting repairs or improvements
• Licensed contractors or agents acting on behalf of the property owner
• Individuals performing work that cannot reasonably be completed without entering a neighboring property

This means that casual visits, personal favors, or unapproved entry are all still off-limits. For clarity on the exact legal language, you can check the official New York State Senate summary of the bill.

Circumstances Covered

The law outlines specific types of work that may require temporary access. You should know that it includes:

• Pre-construction surveys or inspections
• Installation of monitoring or protective devices
• Scaffolding or weatherproofing measures
• Temporary or permanent relocation, extension, or offsetting of rooftop equipment (like vents or chimneys)
• Foundation work or structural supports where required by law or good construction practice

By listing these scenarios, the law clarifies exactly when entry is allowed, preventing misunderstandings and disputes.

Notice and Approval Requirements

Even if a neighbor qualifies to enter your property, there are strict procedural safeguards. From my experience in dealing with similar real estate regulations, these steps are crucial to protect both parties.

Before any work begins, the neighbor must:

• Provide reasonable advance notice in writing, outlining project dates and timelines
• Share relevant project documents, such as plans or permits
• Present proof of insurance covering potential damages

Written Notice and Timelines

The law gives adjoining owners 60 days to respond after receiving written notice. If there’s no reply within that window, the person requesting access can pursue a court license. This prevents small disputes from stalling essential repairs indefinitely.

Documentation & Insurance

You should insist on receiving full documentation. This includes construction plans and insurance verification, which ensures that:

• You’re aware of exactly what work will be done
• Liability is clearly assigned if something goes wrong
• There’s legal recourse if the neighbor or contractor acts negligently

For a detailed look at how courts typically enforce these standards, I found this Cozen O’Connor law resource on property access rights helpful.

Court Licensing: What Happens if a Neighbor Refuses

What if your neighbor ignores your notice or denies access? This is where the law’s structured approach really shines. If the work cannot proceed without entering your property, a homeowner can petition the court for a license granting temporary access.

Commercially Reasonable Standard

Courts look at whether the repairs or construction could be completed in a commercially reasonable manner without access. This standard protects you from unnecessary intrusion while still allowing essential work to move forward.

Attorneys’ Fees for Bad Faith

An added safeguard: if either party acts in bad faith, attorneys’ fees may be awarded. This is designed to discourage unreasonable delays and ensure both sides act responsibly.

Rights of the Adjoining Property Owner

Even though the law allows temporary entry, your rights are explicitly protected. I want you to know exactly what you can expect if a neighbor needs access.

Compensation and Property Value

If your property is affected, the law requires that you be reasonably compensated for:

• Loss of use or enjoyment of your property during the work
• Any measurable reduction in property value

This ensures neighbors can’t just enter at will without accountability. Understanding your property rights, including compensation for loss of use or damage, is just as important as knowing what to watch for when selling property in New York City; for instance, our guide on closing day tips can help you protect your interests.

Liability for Damages

The homeowner requesting access is also responsible for any damage caused during construction or repairs. You have a right to expect:

• Repairs to your property if something is damaged
• Documentation of any incidents
• Legal recourse if damages are not addressed

By understanding these protections, you can feel more confident that your property rights are respected while still allowing necessary work to be done.

Common Misconceptions About the Law

I’ve seen the confusion — and honestly, your concern makes sense. When you first hear “neighbors can enter property,” it sounds like anyone could just walk in whenever they want. That’s not how this law works.

Here’s what you need to know:

• A neighbor cannot enter your property without notice
• Entry usually requires written project details and timing
• In many cases, a court license is needed before anyone sets foot on your land

So no, your neighbor can’t just pop over unannounced or under vague pretenses. That fear is real for many homeowners, but the law actually limits access, not unleashes it.

Mixed Reactions & Public Opinion

When new laws touch people’s homes, reactions are mixed. I’ve read Facebook posts from supporters who call the law a “win for safer communities.” Others criticize it, saying it shifts the burden onto adjoining owners who simply want peace and enjoyment of their property.

And when you look at expert commentary — like the Habitat Magazine article on co-op and condo repair access — you can see how this law is especially relevant for urban projects, where access disputes can really delay necessary work.

Some welcome the clarity and procedural framework. Others worry it still leaves room for confusion and conflict. This debate mirrors other recent New York housing laws, like the Good Cause Eviction Law, where lawmakers are balancing property rights with community concerns. Both sides are talking — which tells me this law isn’t ignored, and it’s something every New Yorker should understand before it affects them.

Actionable Tips for Homeowners

If I were walking you through this in person, here’s the checklist I’d hand you:

• Send certified written notice so there’s no debate about whether it was received
• Keep every communication — emails, texts, letters, notes from phone calls
• Talk to a real estate attorney early, not after things go sideways
• Confirm insurance coverage for both sides before work starts

These steps aren’t optional best practices — they protect your rights and help keep projects on track. Just like documenting every communication and verifying insurance protects you under the neighbor access law, proper disclosure practices are critical when selling a property, as highlighted in our post about avoiding lawsuits in South Dakota.

Future Implications & Legal Gaps

Even though the law is now in effect, I still ask myself — and you should too — what comes next? A few open questions:

• How will courts calculate loss of use and enjoyment in real cases?
• Will there be differing standards between urban high-rises and single-family homes?
• How quickly will judges act when urgent repairs are needed?

There’s good structure here, but interpretation over time will shape how this law really works in practice. Being ahead of that curve gives you an edge.

Wrap-Up

So let’s wrap it up clearly: this law gives legal pathways for neighbor access, but it doesn’t mean unfettered entry. It’s precise, conditional, and — most importantly — designed with safeguards.

If you ever face a situation where you’re unsure what to do — don’t guess. Speak with a property or real estate attorney before you take action.

Now I want to hear from you:

• Have you ever dealt with a neighbor access issue?
• Are you currently facing one?
• What part of this law concerns you most?

Drop your thoughts in the comments below, or head over to Build Like New for more insights on navigating property laws and construction challenges.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance regarding your specific situation.