Owning property in New York City comes with a lot of responsibilities, and one that many people overlook is taking care of the sidewalk in front of their property. Whether you own a home, a store, or a mixed-use building, knowing the NYC sidewalk laws is essential. It helps you keep your property safe, avoid fines, and prevent legal trouble.
In this guide, we’ll explain the laws in simple terms so you know what’s expected of you and how to avoid violations.
The New York City Department of Transportation (DOT) has strict rules about sidewalk maintenance.
According to NYC Administrative Code Section 19-152, property owners are responsible for repairing, maintaining, and replacing the sidewalks in front of their property.
And under Section 17-210, property owners can also be held responsible if someone gets hurt because of a damaged or unsafe sidewalk.
These laws apply to all kinds of properties, i.e., residential, commercial, or mixed-use.
Section 19-152 explains what owners must do and what happens when DOT finds a violation.
If you own property in NYC, you are required (at your own cost) to:
• Maintain your sidewalk: Fix, repave, or replace damaged concrete slabs (also known as flags).
• Take care of vacant lots: Fence them properly, fill low areas, and level high spots to make them safe.
The DOT regularly inspects sidewalks to make sure they are safe for pedestrians. If inspectors find any of the following problems, you must repair them right away:
• Missing or unbuilt sidewalk sections
• Cracked or loose concrete slabs
• Uneven flags creating a trip hazard (½ inch or more difference)
• Holes or gaps at least 1 inch wide and ½ inch deep
• Improper slope or poor drainage
• Misaligned utility covers or unsafe cellar doors
• Structural cracks connected to other broken slabs
• Sidewalks built with materials that don’t meet DOT standards
• Temporary patchwork repairs made with asphalt or low-quality material
When DOT finds defects, they send a Notice of Violation (NOV) to the property owner by mail and record it with the County Clerk. The notice includes details about the sidewalk defects, a photo, and a deadline (usually 75 days) to complete the repairs.
If the sidewalk poses an immediate danger to pedestrians like a large trip hazard.The city may issue an emergency repair order, requiring you to fix it within 10 days.
If you believe the notice you received is incorrect or unfair, you can challenge it. To do that, file a Notice of Claim with the NYC Comptroller’s Office within 75 days of receiving the violation.
After that, the DOT will review your claim and schedule a reinspection within 180 days.
A different inspector, not the one who did the first inspection, will examine your sidewalk again. The second inspector’s report is final and cannot be appealed.
If you don’t fix the sidewalk within the given time, the DOT will hire a contractor to repair it for you. After the work is done, the Department of Finance will send you a bill.
This bill includes:
• The full repair cost
• Labor charges
• An extra 20% administrative fee
This cost becomes a lien against your property, similar to unpaid property tax. That means you can’t sell or refinance your property until the bill is paid. You have 90 days to pay after the repair is complete.
If you still can’t pay, the city may charge interest or even take legal action.
However, you can request a 4-year payment plan if you meet all these conditions:
• You own a 1–6 family house
• Your property value is under $30,000
• The repair cost is between $250 and $5,000
If you still fail to pay, the city can foreclose the lien or take you to civil court.
If someone gets injured because of a broken or uneven sidewalk in front of your property, you can be held legally responsible for their injuries. The city will not be liable unless your property meets certain conditions.
However, if you own a 1-, 2-, or 3-family residential home that is not used for commercial purposes, the city is responsible for maintaining the sidewalk, not you.
Knowing and following NYC’s sidewalk laws can save you a lot of stress and money. By keeping your sidewalks in excellent condition, you protect pedestrians, avoid fines, and prevent lawsuits.
Regular inspections, timely repairs, and hiring qualified contractors when needed will help you stay compliant with DOT regulations. Taking care of your sidewalk doesn’t just protect your property, it also keeps your neighborhood safe and walkable for everyone.