Who Is Responsible for Sidewalk Repair in NYC?

The NYC sidewalk repair laws state that the repair and maintenance for sidewalks directly adjacent to a property is the responsibility of the property owner. The DOT (Department of Transportation) in New York City inspects various sidewalks throughout the City for damages and needed repairs to ensure the safety of pedestrians. If a sidewalk is found to be needing a repair, the property owner shall be issued a violation.

If you are one of those who had been issued a violation, you are given 75 days to make the necessary repairs. In case of repair that has not been done within the specific time stated by the law, DOT will either fix the damage or hire a contractor. The cost for repair will soon be billed to you (by the Department of Finance) as the property owner.

What is the Expedited Sidewalk Repair Program by the DOT?

The Expedited Sidewalk Repair NYC Program enables eligible property owners who received sidewalk violations to ask the City to fix their sidewalks and remove the violations. In this program, the DOT representing the City repairs the damages and will send you the bill for the cost incurred for the job.

Properties which are deemed not eligible for the expedited repair program includes the following:

• properties planned for capital reconstruction
• properties for commercial use
• properties with four or more residential units
• properties with vaulted sidewalks
• properties with unique sidewalk treatments

Special Conditions Eligible for DOT’s NYC Sidewalk Repair ProgramDamages resulting from growing tree roots

If the sidewalk damage is a result of growing tree roots, the property could be eligible for DPR’s (Department of Parks and Recreation) program for trees and sidewalks. DPR even offers no-cost consultation services for property owners who are working around tree roots.

Important notes:

To cut or to shave tree roots that are considered city-owned is strictly not allowed.
Repairs for sidewalks that are marked tree-damaged (tree-damaged sidewalk flags) are not charged for repair costs.

• Sidewalk Repairs Using Special Materials

For sidewalks that are made of non-concrete materials such as granite, brick, or slate, and if the property owner would like to use the same material, note that DOT will only repair using concrete materials. Thus, in this case, the property the owner would need to contact private contractors for the repairs at their own expense.

• A permit from Landmarks Preservation Commission

Furthermore, if property owners decide to make arrangements with private contractors as a result of the want to use non-concrete materials, a permit should be obtained from the Landmarks Preservation Commission.

• Sidewalks Over Vaults or Any Other Structure

The property owner is responsible for repairs of sidewalks constructed over vaults or any structure. Repairing these types of sidewalks may necessitate significant structural work and, therefore, must be done by the property owner through private arrangements.

• Locating, Choosing, and Hiring a Private Contractor

Employ a licensed contractor highly knowledgeable about DOT requirements for the repair of sidewalks. Start by searching the database for the Department of Consumer Affairs database. Use the database to locate a licensed contractor or to verify licenses. Either way, the database is a trusted source that property owners can rely on. When you have picked a concrete contractor NYC, it is advisable to contact 311 to learn if there are pending consumer complaints against them.

• Sidewalk Repairs Carried out by DOT

In case sidewalk damages are not fixed in 75 days following an issued Notice of Violation, the DOT can execute the sidewalk fix or employ a contractor to execute the task. The property owner will get an official notice prior to the arrival of the City’s contractor to carry out the task. A representative (consultant) of the City is going to take pictures of the sidewalk to record the situation prior to construction. They will also leave a mark on the flags which require replacement and then carry on to execute the task necessary.

All things considered and damages are already fixed, DOT will inform the County Clerk to clear out the violation on the property. The Department of Finance will bill the property owner for the cost of the work.

• Disputing the Work Done

When DOT carried out repairs, and as a result, the property owner is not satisfied in terms of quality, the amount of work done, or if there’s a discrepancy in the bill, appeals should be made to the Department of Design and Construction or the DDC.

• Steps to submit a dispute

Send a letter of dispute to the DDC borough office. More information is found at Notice of Violation received. The letter should detail the nature of the dispute. All appeals forwarded to the DDC borough office should be in writing. No calls or visits to the office are not considered as an appeal.

• A Notice of Claim should be filed with the Office of the Comptroller.

Petition of Appeal. In case the Comptroller’s Office does not agree with you, you may file a Petition of Appeal with the New York State Supreme Court at the Small Claims Assessment Review Part.
Petition Forms. The forms are going to be given to you on request (no cost) by the County Clerk of NYC DOT Sidewalk Violation Permit. Expect to pay $30 for the filing fee.
Eligibility for Petition. To be eligible, there had been at least thirty days after the Notice of Claim had been filed to the Office of the Comptroller. And in the process, there had been no determination on your claim or that they have rejected the claim.
The above procedures should be followed exactly in the order that it was outlined.

City Contractor Damages Sidewalk as a Result of Negligence

In case the City contractor wrecks a sidewalk resulting from neglect, the contractor needs to make the fixes at absolutely no cost. Claims for destruction presumably by the City must be filed at the Office of the Comptroller within 90 days after the damage had been done.