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NYC Building Code

§ 3309.2 — § 3309.2

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What is NYC BC § 3309.2?

Quick Answer

This section establishes that the responsibility for granting access to adjoining property lies with the owner of that property. If a tenant refuses access, the owner may initiate legal proceedings to regain possession. This statute pertains to property owners involved in construction or demolition activities.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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3309.2 License to enter adjoining property.

BC § 3309.2

The responsibility of affording any license to enter adjoining property shall rest upon the owner of the adjoining property involved; and in case any tenant of such owner fails or refuses to permit the owner to afford such license, such failure or refusal shall be a cause for the owner to dispossess such tenant through appropriate legal proceedings for recovering possession of real property. Nothing in this chapter shall be construed to prohibit the owner of the property undertaking construction or demolition work from petitioning for a special proceeding pursuant to Section 881 of the Real Property Actions and Proceedings Law.

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