Proposed Amendments to RPAPL 881: Changes Without a Cause?

In New York State, litigated disputes between developers and adjoining property owners have been subject to Section 881 of the Real Actions and Proceedings Law since 1968. Since that time, a substantial body of caselaw has developed that further defined the intricacies of common issues that arise in such disputes. These precedents all had the common purpose of achieving a fair balance between the right of developers to nurture growth in an evolving city and the need to provide appropriate protection for neighboring property owners. Despite this homeostasis of over 50 years, the New York State Legislature is proposing amendments to RPAPL 881 that threaten to destroy this delicate balance.

In an article published by the New York Law Journal, “Proposed Amendments to RPAPL 881: Changes Without A Cause?”, Raymond T. Mellon discusses the proposed statutory amendments, as well as their likely impact of favoring developing interests to the detriment of adjoining landowners, be they commercial or residential.