Closing Bell: Sidewalk Liability Only For Multifamilies?

New York City Administrative Code § 7-210 Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition.
a. It shall be the duty of the
owner of real property abutting any sidewalk, including, but not limited
to, the intersection quadrant for corner property, to maintain such
sidewalk in a reasonably safe condition.
b. Notwithstanding any other provision of law, the owner of real
property abutting any sidewalk, including, but not limited to, the
intersection quadrant for corner property, shall be liable for any
injury to property or personal injury, including death, proximately
caused by the failure of such owner to maintain such sidewalk in a
reasonably safe condition. Failure to maintain such sidewalk in a
reasonably safe condition shall include, but not be limited to, the
negligent failure to install, construct, reconstruct, repave, repair or
replace defective sidewalk flags and the negligent failure to remove
snow, ice, dirt or other material from the sidewalk. This subdivision
shall not apply to one-, two- or three-family residential real property
that is (i) in whole or in part, owner occupied, and (ii) used
exclusively for residential purposes.
c. Notwithstanding any other provision of law, the city shall not be
liable for any injury to property or personal injury, including death,
proximately caused by the failure to maintain sidewalks (other than
sidewalks abutting one-, two- or three-family residential real property
that is (i) in whole or in part, owner occupied, and (ii) used
exclusively for residential purposes) in a reasonably safe condition.
This subdivision shall not be construed to apply to the liability of the
city as a property owner pursuant to subdivision b of this section.
d. Nothing in this section shall in any way affect the provisions of
this chapter or of any other law or rule governing the manner in which
an action or proceeding against the city is commenced, including any
provisions requiring prior notice to the city of defective conditions.

Posted by: guest at December 10, 2007 4:42 PM

Just because there is no duty under the Admin Code , that doesn't mean that someone could not sue you if they were injured due to your sidewalk. It just means that you wouldn't get fined by the city. Two totally different things.

Posted by: guest at December 10, 2007 4:59 PM

I was sued in small claims five years ago by someone who claimed to have fell in the snow front of my home. I was away at the time and did not have the opportunity to shovel. I admitted as much to the judge and he dismissed the case because he said that had I shoveled, I would have assumed responsibilty and been liable. He told the plaintiff to sue the city. He did say that I was subject to summons for not shoveling though the summons could not be issued retroactively. I don't know if their has been a change in the law since then. Now, I just make sure that the sidewalk in front of my one-family home is in good repair and I shovel after it snows to alleviate both the problem of being subject to a lawsuit or summons.

Posted by: guest at December 10, 2007 6:48 PM

Is NY a home rule state?

Posted by: guest at December 10, 2007 9:11 PM

Is it possible to pay the City on a payment plan?

The Department of Finance will allow a four-year installment plan for some residential properties. For detailed information call the Department of Finance Taxpayer Assistance Unit at (718) 935-6000. If the property owner does not pay the bill by the due date, DOF will charge interest.

Tree roots have pushed up my sidewalk. Do I have to pay for the repairs if the City does the work?

If the Inspector determines that a flag's defects are only due to tree roots, and that there are no other non-tree related defects on such flags, then these flags will be replaced at no cost if the City replaces your sidewalk.

Two reason why one would want to have the city replace your sidewalk.

I have seen jobs done by private contractors that did not pass re inspection, usually having to do with improper expansion joints.

Posted by: guest at December 10, 2007 10:15 PM

I am confused.

Posted by: guest at December 10, 2007 10:19 PM

I plan to sue my employer because they failed to provide tissues. As a result, I couldn't wipe my nose and got sick. It's their fault, not mine. It's always someone else's fault and that's why lawyers are so important to society. Sue, sue, sue. Lawsuits are the new lotto ticket for America.

Posted by: guest at December 11, 2007 8:42 AM

I am completely unsympathetic to people who fail to shovel their sidewalks after a snowfall. If you are out of town, there are plenty of ways to ensure your sidewalk is shoveled. For example, you can ask a neighbor or *pay* someone in advance.

At the end of both my pregnancies I ended up being housebound because of inconsiderate boobs whose unshoveled sidewalks became sheets of ice. I only wish the Sanitation Department were as diligent about ticketing selfish, non-shoveling building owners as they are about tiny bits of paper on the sidewalk or minor recycling infractions.

If you are lucky enough to own a house, then you should be diligent enough to plan for a snowfall when you travel in winter.

(And yes, I own a house, and yes, I shovel or pay someone to shovel for me.)

Posted by: guest at December 11, 2007 10:00 AM

If you have a big dog that barks a lot people will cross the street and not walk in front of your house so they wouldn't trip!

does this count if someone regularly throws their trash on your sidewalk and someone trips?

Posted by: guest at December 11, 2007 12:38 PM

6:48 PM is exactly right for owners of 3- family or less. Once you make efforts to alter the natural condition of the path, you take responsibility for doing so in a responsbile manner (that is, you cannot do a negligent job). OTOH, if you let the snow just sit there and freeze over, you are not doing anything, and therefore cannot be said to have taken any act negligently or not.

You would still be subject to a city summons for not clearing the side walk, however, just not liable to any injured third parties.

OTOH, 10 AM is also right -- if you own the house, make sure it is shoveled or else you will answer to a higher authority down the road.

Posted by: guest at December 11, 2007 3:59 PM

My grandmother, owner of a 1-fam house in Brooklyn, was forced to hire a contractor to level part of the sidewalk that had been pushed up by a tree root. So I think the liability is there for all owners.

FWIW, anecdotal though it is.

Posted by: guest at December 11, 2007 4:25 PM

To guset @ 10:00,

My owning my hope has nothing to do with luck! It has to do with me making necessary sacrifices and being financially responsible. I went out of town unexpectedly and did not know that a snow storm of that magnitude was predicted. My neighbor realized that I was not at home and did shovel for me. Without pay. When I am home, I shovel the sidewalk in front of my home as well as for elderly neighbors. Not shoveling doesn't make someone a "Boob." There may be a number of reasons why a person may not shovel. During my two pregnancies I didn't wear high heels or go out in the snow unless absolutely necessary to avoid falling - which can happpen whether you shovel or not. I realized that my big belly and lack of balance was not every homeowners problem. At any rate I was not liable nor did I get a summons.

Posted by: guest at December 11, 2007 6:44 PM