New York Assembly Bill A06574

New York 2025-2026 Regular Session

• Introduced: 3/6/25
• Refer: 3/6/25
• Refer: 1/7/26

Caption

Creates a private right of action by a tenant against a landlord in a city having a population of one million or more persons over sidewalk sheds.

Summary

This bill would create a new private right of action for residential and commercial tenants in cities with populations of one million or more persons, which in practice applies to New York City. A tenant could sue a property owner in Supreme Court if the owner maintains a sidewalk shed without an active permit, leaves it up for more than 30 consecutive days without actively doing covered repair work, maintains a shed that is dangerous to life or property, or maintains a shed that is the basis of a specified New York City building code violation. The bill allows tenants to seek temporary and permanent injunctive relief, damages if any, costs, and reasonable attorney’s fees. It also provides that a tenant does not need to prove actual damages to obtain injunctive relief. Before filing suit, the tenant must give written notice and generally wait 30 days, unless the tenant alleges bad-faith unwillingness to cure; the action must be brought within six months of the tenant’s knowledge of the violation. The bill defines “covered repairs” and incorporates existing New York City administrative code and building code definitions for sidewalk sheds.

Impact

The bill would amend the New York Real Property Law by adding a new section 235-k, creating a tenant-enforceable remedy tied to sidewalk shed conditions on properties in large cities. It would supplement existing New York City building and administrative code enforcement by allowing tenants, rather than only government agencies, to bring suit against property owners for certain sidewalk shed violations and to seek court-ordered relief and attorney’s fees. The practical effect would be to increase legal exposure for landlords and potentially accelerate removal or repair of long-standing or unsafe sidewalk sheds.

Sentiment

The available record shows no committee transcript or vote history, so there is no documented floor or committee debate to gauge broad sentiment. Based on the bill’s structure, it appears aimed at addressing public safety and quality-of-life concerns associated with prolonged or unsafe sidewalk sheds, while giving tenants a direct enforcement tool. The overall framing suggests a pro-tenant, pro-safety approach, but the absence of recorded discussion means support or opposition cannot be measured from the provided materials.

Contention

The main points of contention likely concern the expansion of tenant standing to sue landlords over sidewalk shed conditions, the potential for litigation and attorney’s fee exposure, and whether private enforcement is the best mechanism for addressing building-safety compliance. Landlords and property owners may object to the risk of suits over permit lapses or delays in repairs, while tenants and safety advocates would likely support the bill as a way to compel timely repairs and reduce hazardous or obstructive sidewalk sheds. The bill’s narrow geographic scope and notice-and-cure requirements may be intended to balance those concerns.