Is This the Year New York’s Scaffold Law Gets Reformed? The conventional wisdom is that when a headline asks a question, the answer tends to be no. In this case, Governor Kathy Hochul did not include any legislation to reform New York’s scaffold law in her executive budget. There also appears to be limited political momentum at the state level to push for changes this year, partly due to the upcoming election cycle. However, the debate over the law remains active, particularly in the context of broader efforts to streamline housing development in the state. During a recent state budget hearing focused on housing, several housing advocacy groups, including the New York Housing Conference and the New York Association-Affordable Housing, expressed support for revising the scaffold law. Their stance is to at least exempt affordable housing projects with regulatory agreements from the law’s full liability provisions. The scaffold law currently holds owners and general contractors fully responsible for gravity-related injuries on construction sites. Critics argue that this strict liability framework drives up construction costs, while supporters maintain it is essential for worker safety. The Building Trades Employers’ Association, which represents general contractors, estimates that insurance costs related to the scaffold law account for 8 to 10 percent of total construction expenses. In contrast, states that use a comparative negligence standard—where courts determine fault and reduce liability if an employee’s negligence contributed to an accident—see insurance costs as low as 2 to 4 percent. This disparity highlights the financial burden the scaffold law places on developers, particularly in the context of affordable housing projects.#kathy_hochul #new_york_housing_conference #new_york_association_affordable_housing #building_trades_employers_association #build_more_new_york
