Craig Notte

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In New York City and the boroughs, where space between buildings can be minimal, building owners often need access to neighboring property to perform repairs, whether for erecting scaffolding, hanging in airspace, or standing on a roof. Similarly, new construction often depends on the ability to enter upon, near to, or below a neighboring building, sometimes for long periods of time. The law does not permit trespass, but at times, trespass is the only option. What should an owner do when neighbors say they need access to your property?

From time to time, condominium boards and their managing agents face the same issues as landlords of rental properties. Owners of condominium units or their tenants often introduce pets into their apartments without condominium board approval and in violation of house rules. In a rental or cooperative apartment building, a landlord can commence a summary proceeding to recover possession of a tenant’s apartment for violation of a “no-pet” provision in the lease.