How Much Sidewalk Damage Is New York City Responsible For?

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New York City is usually not responsible for sidewalk repairs. Sidewalk maintenance almost always falls on the property owner, according to Section 19-152.

But there is one major exception:

NYC is responsible for repairing sidewalk damage caused by tree roots from city-owned trees, but only for certain properties.

That’s the part many homeowners don’t realize. Yes, if roots from a city tree cracked your sidewalk, the City might fix it for free… but only if your property fits into a very specific category.

You’re eligible for free repairs ONLY if your property is:

A 1-family, 2-family, or 3-family residential home, and
It is owner-occupied
And the damage is directly caused by a city-owned tree

If you own anything other than this, like a condo, co-op, commercial building, or multi-unit rental, the City will not repair it for you.

But even if you’re eligible… There's a catch.

Why Tree-Root Repairs Take So Long in NYC

Fixing sidewalks damaged by tree roots isn’t handled by the DOT (Department of Transportation) right away. Instead, it goes through the NYC Trees and Sidewalks Repair Program, managed by NYC Parks.

Now, you might imagine that sounds fast or efficient.

But here’s the reality:

NYC receives 9,000+ tree-root sidewalk repair requests every year.
Repairs are prioritized based on severity of damage, not first-come-first-served.
Even “urgent” cases can take 3 years or more to complete.

Yes, three years.

For many homeowners, that wait just isn’t practical. Especially if:

Someone could trip
You’re trying to sell your home
A mortgage company or buyer wants the repair done
You’re worried about liability

That’s why many property owners end up fixing the sidewalk themselves by hiring a licensed and insured contractor, who can manage the entire process seamlessly, even though technically the City is responsible.

Why You Might Still Have to Handle Repairs Yourself

Let’s clear up a big misunderstanding:

Even if the City doesn’t issue a violation for the tree-root-damaged sidewalk in front of 1-, 2-, or 3-family residential properties… you’re still legally responsible if someone gets hurt.

Most people don’t know this. But the City is very clear:

As per the City Administrative Code Section (7-210), if someone trips on the broken sidewalk in front of your property, even if a city tree caused it, you may be held responsible for injuries, medical costs, or lawsuits, starting at a minimum of $30000 for minor injuries.

That alone makes waiting several years a risky choice.

What Should You Do if a City Tree Damaged Your Sidewalk?

If you suspect tree roots are the reason your sidewalk is cracked or lifted, here’s the easiest roadmap to follow.

Contact NYC Parks for an Inspection

The Parks Department will:

Visit your property
Inspect the sidewalk
Check the nearby tree and its roots
Confirm whether the damage was caused by that tree

If they agree it’s tree-related, they may document it or coordinate with DOT.

This is an important step, especially if you plan to apply for reimbursement later.

Should You Wait for the City or Fix It Yourself?

Waiting 2–3 years or longer just isn’t realistic for most homeowners. That’s why many people choose to repair the sidewalk themselves using a licensed contractor.

The good news?

If you do pay for the repairs privately, you might be eligible for reimbursement from the NYC Comptroller’s Office.

But there’s one important rule:

You must file your reimbursement claim within 90 days of completing the repair.

If you miss this window, your chance is gone.

What You Need to Submit for Reimbursement

To give yourself the best shot at getting your money back, make sure you keep everything organized. You’ll need:

Before and after photos of the sidewalk
NYC Parks tree work permit
DOT sidewalk construction permit
Design recommendations from NYC Parks (if any)
Invoices and payment proofs from the contractor

The Comptroller’s Office wants to see that the damage really came from a city tree, you followed all the rules and acquired required permits and the work was legitimate and safe.

If all the boxes are checked, your claim has a strong chance of being approved.

Conclusion

NYC is only responsible for repairing sidewalk damage caused by roots from a city-owned tree, and only for small (1–3 family) residential homes. That’s it. Everything else falls on the property owner. And even when you are eligible, repairs can take years.

That’s why so many homeowners take matters into their own hands, fix the sidewalk quickly with a licensed contractor, and then apply for reimbursement if they qualify. It gives you control, protects you from liability, and keeps your property safe and compliant.

If you are dealing with sidewalk damage done by the city-owned tree, don’t wait until someone drags you into the court. Reach out to DOT Sidewalk Repair NYC and let our skilled team handle the rest.