N.Y.
General City Law Section 38-A
Removal of walls encroaching on streets
1.
If the front or other exterior wall of any building erected on or before the first day of January, nineteen hundred sixty, in any city encroaches not more than six inches upon any street or highway, no action or proceeding to compel the removal of such wall shall be instituted or maintained by or on behalf of the city, or by or on behalf of any person claiming an easement in or title to the portion of the street or highway on which such wall encroaches, unless such action or proceeding be commenced within the period of one year from the time this act takes effect, and unless within such period a notice of the pendency of such action or proceeding, describing the property on which said building stands and indexed against the owner thereof, be filed in the office of the clerk of the county in which the property lies.2.
If the front or other exterior wall of any building erected after the first day of January, nineteen hundred sixty, in any city encroaches not more than six inches upon any street or highway, no action or proceeding to compel the removal of such wall shall be instituted or maintained by or on behalf of the city, or by or on behalf of any person claiming an easement in or title to the portion of the street or highway on which such wall encroaches, unless such action or proceeding be commenced within the period of one year from the time of the serving of a notice as hereinafter provided, and unless within such period a notice of the pendency of such action or proceeding, describing the property on which said building stands and indexed against the owner thereof, be filed in the office of the clerk of the county in which the property lies. Any person having any interest in the property on which such building stands may serve a notice on the corporation counsel of the city in which said property lies, setting forth a brief description of the property, his interest therein, and the existence of an encroachment on the street or highway. Such notice, together with proof or admission of service thereof, shall be filed in the office of the clerk of the county in which such property lies. The clerk shall index and record such notice as if it were a notice of the pendency of an action and shall collect the usual fees for recording and indexing a notice of the pendency of an action.3.
If no action be brought within the period hereby limited therefor the owners and encumbrancers of such property shall be deemed to have an easement for the maintenance of the encroaching wall so long as the said wall shall stand, and no longer.4.
If the front or other exterior wall of any building erected on or before the first day of January, one thousand nine hundred seventy-nine in any city encroaches not more than six inches upon any city street or city highway, the local legislative body of any city may authorize the maintenance of such encroachment by ordinance during the period of time the encroaching wall is in existence; provided, however, that such authorization shall not confer any right or claim to be asserted against such city or the state.5.
a. The owner of real property upon which the front or exterior wall of any building thereon encroaches upon any city street or highway of cities with a population of less than one million, may submit a request, in writing, to the legislative body of such city for authorization to maintain such front or exterior wall during the time such wall is in existence.b.
Upon presentation of such request, notice thereof shall be given to the head of the city department responsible for the construction and maintenance of city streets and roads in the city, who shall recommend to the legislative body the proposed action on such request. Within thirty days of the presentation of such request, the legislative body of such city shall determine if the granting of such request shall adversely impact upon the users of the city street or highway. In the event a determination is made that such encroachment does adversely impact upon the use of the city street or highway, such request shall be denied. In the event a preliminary determination is made that such encroachment may have no adverse impact upon the use of the city street or highway, the legislative body of the city shall, within thirty days after the issuance of such preliminary finding, hold a public hearing upon such request, which public hearing shall be conducted upon not less than ten days notice to the public. In addition to such public notice, the owners of property, as determined from the last completed assessment roll, within five hundred feet of the property as measured from the intersections of the property lines with the city street or highway shall be given notice by certified mail of such public hearing.6.
If, upon the completion of the public hearing, such legislative body determines that such front or exterior wall does not interfere or impede the right of the public to use such city street or highway, the legislative body may grant to the owner of such property a license to continue to maintain such front or exterior wall during the period such wall is in existence; provided however, such city shall have the authority to revoke such license at any time in the event the legislative body of the city determines that such city street or highway will be improved and, as a result of such improvement, the front or exterior wall will then impede, interfere with or obstruct traffic or the use of the city street or highway; provided, further, that such license shall not confirm any right or claim against such city. In such event, the owner of the property shall be given notice of the proposed action and shall within the time set forth in the notice, remove such front or exterior wall from the city street or highway.7.
Upon the abandonment of the building or in the event such building, because of a lack of care enters a state of disrepair, the owner thereof shall remove such front or exterior wall upon notice from the city.8.
The authority granted to a city pursuant to subdivisions five, six and seven of this section may, by local law, be assigned to any department or agency of the city.
Source:
Section 38-A — Removal of walls encroaching on streets, https://www.nysenate.gov/legislation/laws/GCT/38-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).
