Assemblyman Colton explains lone recorded no vote on property-access bill

Assemblymember Colton formally explained his negative vote on Bill 357B, an amendment to the Real Property Actions and Proceedings Law that was advanced on the consent calendar.

Colton said the existing statute balances the rights of property owners when access is needed for repairs or improvements on adjoining land. He said the bill’s revisions tilt the balance toward developers of larger projects by allowing permanent relocations or offsets to chimneys, vents, flues and exhaust systems on neighboring properties without requiring “full information or plans or details” about the proposed changes.

"This will result in the adjoining property owners and tenants incurring additional expenses and being subject to additional environmental rights and other expenses," Colton said on the floor, and concluded by saying he voted in the negative.

Context: The clerk recorded the vote tally on the floor as Ayes 118, Nays 1; the bill advanced and was recorded as passed. Colton’s floor statement is the only recorded explanation of a negative vote in the transcript for that item.

What was decided: Despite Colton’s objection the Assembly approved the bill on the floor; the clerk's announcement recorded the passage after the recorded tally.

Ending: The text of Bill 357B and the official journal contain the full statutory language. Colton’s remarks constitute the formal floor record of his opposition; the bill’s sponsors proceeded with final passage as reflected in the clerk’s tally.