Developers may try to put scaffolding near or against your building using RPAPL 881.


How to Protect Your Rights in the Face of NYC’s  RPAPL 881

In New York City, space for real estate is precious and hard to come by. Buildings are often constructed within the edge of property lines, which can often limit the property owner’s ability to develop the property and make repairs and modifications without having to invade tenant’s units. This is especially true because the New York Department of Buildings requires that all property owners install scaffolding to protect other buildings and citizens from any harm during the construction. 

If your property owner, or a property owner in a building adjacent to yours seeks to invade your space for any reason, or place scaffolding on your property, it's advised that you protect yourself and seek help from the Court. While in some cases, property owners will respect your space and limit their encroachment, you may find yourself in a situation that places a significant burden on you and your property. 

When Does a Property Owner Need the RPAPL 881 License?

According to the New York Statute RPAPL § 881, a property owner must obtain a special license in order to enter and make changes within your property if: 

- They've asked you for permission and you have denied it 

- The repairs they need to make are deemed reasonable and necessary 

- Entering your premises is necessary in order to make the repairs 

Essentially, property owners may apply to the Court for permission to work within or building into your property to some extent, and for a limited period of time, without your consent. 

What to do if RPAPL 881 is Damaging Your Property or Quality of Life

In the past, this statute was commonly overlooked and unused, however New York is continuing to grow in its population and expand, and with that comes the creation of new architecture. This means that existing tenants and property owners need every possible tool to protect their rights, and Outerbridge Law P.C. is here to help. 

Even if a neighboring property owner has already obtained a license and begun to make repairs that are damaging your property or interfering with your quality of life, you still have options to fight. You may be able to show the court that the property owner making said repairs has the ability to do so without entering your property. If they've already obtained the license, you may be able to prove to the court that their work is damaging your property, or putting your health and safety at risk. The license owner is explicitly responsible for covering any of the damage that occurs during their repairs. 

Don't let property owners infringe on your rights. If you believe you have a case, contact Outerbridge Law today