Are You Responsible for Repairing a Sidewalk in Front of Your NYC Home?

Gone are the days when the city was responsible for the repair and maintenance of the sidewalks. Back in September 2003, NYC transferred this responsibility to property owners by introducing the laws regarding sidewalk maintenance. Even though the sidewalks are city-owned, the repair and maintenance responsibility lies with the property owners.

According to NYC Administrative Code Section 19-152, property owners are responsible for sidewalk repairs, installations, and maintenance.

If someone is injured due to a defective sidewalk, the property owner will be held liable for it as per NYC Administrative Section 7-210. This section also places liability for any kind of injury or property damage caused by others on the owners for their negligent failure to maintain the sidewalks in reasonably safe conditions.

This rule does not apply to one-, two-, or three-family residential properties that are owned and used solely for residential purposes.

When to Repair a Sidewalk?

If you find your sidewalk with the following substantial defects, you are required to repair it immediately:

• Missing sidewalks or some sections
• Cracked flags where pieces may come loose
• Loose or rocking flags or those with visible voids beneath
• Trip hazards such as uneven flags (½ inch or more difference), or surface holes (1” wide & ½” deep)
• Improper slope, like poor drainage or steep across slopes
• Hardware issues such as misaligned utility covers or unsafe cellar doors
• Structural cracks, especially when connected to defective adjoining flags

If you fail to repair and maintain your sidewalk in a reasonably safe condition, you may receive a violation notice from DOT. You have to resolve the issue within the given timeframe. If the repair isn't done in 75 days, the DOT will perform the repair work by their contractors and bill you via the Department of Finance, often with more cost as compared to hiring a private contractor.

Moreover, if you want to obtain a new homeowner’s insurance policy or renew an existing one, you might be required to make the repairs to meet the requirements. Usually, an inspector from the insurance company comes to inspect the whole property including sidewalk for potential damage and whether the property is subject to a lien or resale restriction.

When is the DOT Responsible for Repair?

The Department of Transportation is directly responsible for the sidewalk maintenance adjacent to city-owned properties, such as schools, parks, and municipal buildings.

Moreover, the city will also be responsible for the repair and maintenance of those sidewalks adjacent to 1-, 2-, or 3-family residential properties if the damage is caused solely by the tree roots. As long as these properties are owner-occupied and particularly used for residential purposes.

Can you Repair Your Sidewalk Free of Cost?

Yes, if a sidewalk in front of 1-, 2-, or 3-family residential property is damaged by tree roots from city-owned trees, you can get your sidewalk repaired for free by reporting it to the NYC Parks.

More than 9000 inspection reports for sidewalk damage are received by the department every year. Through the Trees and Sidewalk Program, the department prioritizes the repairs based on the following factors:

• Extent of the damage
• Amount of pedestrian traffic
• Size and condition of the tree

Even in the most severe cases, high-priority locations may have to wait at least three years before the city fixes sidewalk damage. That’s a long time to wait especially when safety is at stake.

If your sidewalk has been damaged by tree roots, it’s often better to take matters into your own hands and hire a licensed contractor to make the repairs. The good news? You can apply for reimbursement from the City Comptroller’s Office within 90 days after completing the work.

While the Department of Transportation (DOT) may not issue a violation for tree root-related damage, it's still important to act quickly. If someone is injured because of the hazardous condition, you could face legal or financial consequences.

What You’ll Need to File a Reimbursement Claim

To apply for reimbursement after fixing the damage, make sure you gather the following documents:

• Photos of the sidewalk before the repair
• NYC Parks Tree Work Permit
• DOT Sidewalk Construction Permit
• Design recommendation from NYC Parks
• Invoices and proof of payment
• Photos after the repair is completed

Conclusion

When it comes to sidewalk maintenance, responsibility is shared among property owners, the DOT, and NYC Parks. As a property owner, you are primarily responsible for keeping the sidewalk in front of your property safe and in good condition.

Being proactive and addressing sidewalk damage promptly doesn’t just help you avoid future liabilities, it ensures that everyone in your community has safe, accessible walkways.