Four landlords in New York City have filed a class-action lawsuit against the city, claiming that their Fifth Amendment rights have been violated due to neighboring buildings’ scaffolding encroaching onto their properties. The Fifth Amendment states that private property owners must be compensated when their land is taken for public use, but the city does not provide any compensation to landlords affected by scaffolding placed on neighboring buildings. The lawsuit alleges that the city’s laws and rules regarding sidewalk sheds have infringed on the property rights of thousands of New Yorkers.
City laws require scaffolding sheds to be erected over sidewalks outside buildings with safety hazards, leading some sheds to extend onto neighboring properties. Landlords are often left to deal with the sheds, even if they haven’t received any violations. The sheds can remain in place for extended periods, causing issues such as blocking light, attracting vermin, and driving away tenants. The landlords involved in the lawsuit demand compensation for the city’s past and ongoing takings of their property rights, which have affected numerous New Yorkers since modern scaffolding laws were implemented in 1980.
The properties mentioned in the lawsuit include several residential buildings whose stoops were taken over to extend scaffolding, resulting in darkness due to work on neighboring sites. The plaintiffs, ranging from tenant landlords to private property owners, seek class action treatment to protect the property rights of all affected individuals. The lead counsel for the case emphasized that the lawsuit represents only a fraction of the thousands of NYC property owners facing similar issues with scaffolding encroachment.
City Hall defended its scaffolding safety laws when asked for comment, highlighting recent bills passed by the City Council aimed at reducing the duration of shed permits, increasing fines for delays in facade repairs, and extending facade inspection cycles. Mayor Eric Adams, who prioritized scaffolding reform, is expected to sign the new bills into law. Currently, there are over 8,500 scaffolding sheds across New York City, with some neighborhoods, like the Upper West Side, facing significant challenges related to sidewalk sheds.
Residents in heavily impacted areas are hopeful that the new legislation will bring an end to the continuous cycle of scaffolding going up and down on their blocks. The reforms are intended to ensure that building owners start repair projects promptly and maintain sheds only as long as necessary to protect the public. While some landlords have expressed concerns about the negative impact of scaffolding on their properties, City Hall maintains that sidewalk sheds play a crucial role in ensuring pedestrian safety near construction sites and unsafe building facades.
