New York Senate Bill S09692

New York 2025-2026 Regular Session

• Introduced: 4/2/26
• Refer: 4/2/26

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 creates a new private right of action for residential or commercial tenants against property owners in cities with populations of one million or more persons, which in practice applies to New York City. A tenant may sue in Supreme Court if a property owner maintains a sidewalk shed without an active permit, leaves a shed in place for more than 30 consecutive days without actively performing covered repair work, maintains a shed that is perilous to life or property, or maintains a shed in connection with a violation of the New York City Administrative Code provision governing unsafe building conditions and sidewalk sheds. The tenant may seek temporary and permanent injunctive relief, damages if any, costs, and reasonable attorney’s fees. The bill also sets procedural limits on the new cause of action. A tenant must first give the owner written notice of the alleged violation and generally must wait 30 days before filing suit, unless the tenant can specifically allege bad-faith unwillingness to cure. The action must be brought within six months of the tenant’s knowledge of the violation, and the tenant may not proceed if the owner corrects the alleged violation before suit. The bill defines “covered repairs” and incorporates existing New York City building and administrative code definitions for sidewalk sheds and related safety requirements.

Impact

The bill would amend the New York Real Property Law by adding section 235-k, creating a tenant-enforceable remedy tied to sidewalk shed conditions in large cities. It would supplement, rather than replace, existing New York City building and administrative code enforcement by allowing tenants to seek court-ordered relief and attorney’s fees directly against landlords for prolonged, unsafe, or unpermitted sidewalk shed maintenance. The measure would primarily affect property owners, landlords, and tenants in New York City, and would likely increase litigation exposure for owners who delay repairs or fail to keep sidewalk shed permits current.

Sentiment

No committee transcript or vote record is provided, so there is no recorded legislative debate or roll-call sentiment to assess. Based on the bill text alone, the measure appears aimed at addressing public safety and nuisance concerns associated with long-standing sidewalk sheds, while also giving tenants a practical enforcement tool. The overall policy direction is pro-enforcement and tenant-protective, with a focus on compelling timely repairs and reducing unsafe or lingering sidewalk sheds.

Contention

The main points of contention likely concern whether tenants should have standing to sue over conditions traditionally enforced by city agencies, and whether the bill could encourage litigation over what constitutes an active repair effort, bad faith, or a shed that is “perilous to life or property.” Property owners and landlord interests may object to expanded liability, attorney’s fees, and the possibility of injunctions, while tenant advocates and safety proponents would likely support the added enforcement mechanism. Another likely issue is the bill’s narrow geographic scope, which applies only to cities of one million or more residents, effectively limiting it to New York City.