BILL NUMBER: S5445
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the real property law, in relation to a private right of
action concerning sidewalk sheds
 
PURPOSE:
This bill creates a private right of action for residential and commer-
cial tenants of buildings in cities of one million or more when such
buildings illegally maintain sidewalk sheds, maintain sidewalk sheds
that are public nuisances, and maintain sidewalk sheds for unduly long
periods of time without undertaking work necessitating the sidewalk
shed.
 
SUMMARY OF PROVISIONS:
Section one creates a private right of action concerning sidewalk sheds.
Specifically, residential and commercial tenants of buildings in cities
of one million or more could sue property owners maintaining sidewalk
sheds for injunctive relief, damages (if any), and costs when such
buildings illegally maintain sidewalk sheds, maintain sidewalk sheds
that are public nuisances, and maintain sidewalk sheds for unduly long
periods of time without undertaking work necessitating the sidewalk
shed. Property owners would have 30 days to cure a violation before a
lawsuit could be filed.
Section two of the bill relates to the effective date.
 
JUSTIFICATION:
Local Law 11 of 1998 mandates the inspection and repair of facades of
buildings over 6 stories in the City of New York. These requirements and
their predecessors came in response to documented negligence by building
owners that resulted in tragic and preventable deaths. An unintended
consequence of these requirements, however, has been the proliferation
of sidewalk sheds (commonly referred to as "scaffolding," although scaf-
folding is, more specifically comprehensive covering of a building's
fagade). Half of New York City's scaffolding-totaling 900,000 feet, or
110 miles' worth-is attributable to the requirements of Local Law 11.
For residents and businesses owners on scaffolded blocks, sidewalk sheds
are a costly eyesore. They plunge formerly sun-drenched sidewalks into
shadow and deter customers. According to one study commissioned by New
York City, sidewalk sheds could cost businesses between $4,000 and
$9,500 each month. In extreme cases, scaffolding boards provide shelter
for drug-dealing and other illegal activity by reducing light and foot
traffic. The Upper West Side is uniquely plagued by sidewalk sheds. In
April 2024, it was reported that on one stretch of West End Avenue,
between W. 107th St. and W. 72nd St., there were 57 sidewalk sheds, the
most per-block in the entire City.
This legislation gives tenants subject to sidewalk sheds recourse when
buildings illegally maintain sidewalk sheds, maintain sidewalk sheds
that are public nuisances, and maintain sidewalk sheds for unduly long
periods of time without undertaking work necessitating the sidewalk
shed. It is long past time for building owners to be accountable for the
real human costs of sidewalk sheds, and this legislation will ensure
that building owners are incentivized to legally and timely initiate
repairs such that sidewalk sheds are only erected and maintained to the
extent necessary.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect 90 days after it becomes law.