Are You Responsible for Repairing NYC Sidewalks in Front of Your Home?
Answering this question seems easy and straightforward, but it can be quite complicated. In NYC, property owners are responsible for maintaining sidewalks. If someone gets injured because of the damages, owners could be held liable for negligence.
There are some instances where the NYC government instead of the property owner might be responsible for the repairs. For a complete guide on who is responsible for sidewalk repairs and when, keep on reading.
When are Property Owners Responsible?
As an owner of one-, two-, or three-unit residential property, you are responsible for the upkeep of the sidewalks in front of your home. If they have cracks, potholes, uneven surfaces, or drainage issues, you will receive a DOT violation notice.
After receiving the notice, you will only have 75 days to remove them. You can seek professional services from local contractors to handle sidewalk repairs and efficiently remove the violation.
If you own a commercial property such as an office, apartment, or store, the responsibility of the repairs can vary based on the legal contract between you and the lease holder. It is important to examine the lease agreement to find out the responsibility of sidewalk repairs.
When is the City Government Responsible?
The government of NYC sponsors repairs of damages to sidewalks caused by trees and their roots. If your sidewalk got cracked or became uneven because of the tree root invasion, you can contact NYC Parks and apply for their Trees & Sidewalks Program. If eligible, the program reimburses you for repairs.
Similarly, sidewalks adjacent to city-owner properties, including parks, schools, and government buildings, are the responsibility of the NYC government.
Risks of Unmaintained Sidewalks
Not maintaining your sidewalks increases trip-and-fall accidents on your property. Injured people can file a lawsuit against you and make you liable to pay hefty fines. These fines can be a form of compensation for medical expenses, pain and suffering, lost wages, etc.
Other than the liability, ignored and unmaintained sidewalks reduce the aesthetics and resale value of your property. Moreover, damaged sidewalks also violate DOT regulations and can result in you receiving a notice from them.
Ignoring sidewalk repairs for an extended period of time might also damage its structural integrity.
Penalties for Neglected Sidewalk Repair by NYC Government
If the property owners don’t fix sidewalks within the duration of the notice period, the Department of Transportation might take matters into their own hands. Sidewalk contractors working for DOT fix the violations and bill you for the repairs.
If you are unable to pay the bill within 90 days, interest occurs on the total amount and a lien is placed against the property.
Note: To remove the lien on your property, you can request it online or by mail through the 311 portal.
Conclusion
Maintaining defective sidewalks is the responsibility of property owners. They are held liable if someone trips over the uneven and crumbling concrete and gets injured. To avoid legal lawsuits and hefty fines, owners must get the damages fixed as soon as possible. Keep in mind that not all repairs are to be made by the owners. Issues caused by tree roots or utility work are to be fixed by the NYC government. You can apply for reimbursement on such projects.