Who Is Responsible for the Sidewalk in New York City?

Who is responsible for an accident caused by a fall on ice on a sidewalk? Who is liable for a trip and fall on a cracked and broken sidewalk? The answer depends on where the accident took place. An accident in Yonkers will carry a different answer than an accident in the Bronx, and even within New York City, the answer changes from one building to the next.

This guide focuses on New York City, explains the exceptions that protect small homeowners, and covers the special rules that apply when the City, the State, or the federal government is the responsible party. It reflects the law as of September 2026.

Quick Answer

In New York City, the owner of the property next to the sidewalk is responsible for keeping it reasonably safe and is liable for injuries caused by cracks, uneven flags, snow, ice, and debris under Administrative Code section 7-210. The one major exception is an owner-occupied one-, two-, or three-family home used only as a residence. For those properties, the City of New York remains responsible, but an injured person must show the City had prior written notice of the defect and must serve a notice of claim within 90 days of the accident.

Key Takeaways

• Since September 14, 2003, Administrative Code section 7-210 has shifted sidewalk liability from the City to the adjoining property owner for almost every building in the five boroughs.
• The exception covers one-, two-, or three-family homes that are at least partly owner-occupied and used exclusively for residential purposes. Both conditions must be met.
• Even an exempt homeowner must still shovel. The Sanitation Code requires snow and ice removal within four hours after snow stops falling, not counting 9 PM to 7 AM, with fines for violations.
• When the City is the responsible party, the claim requires prior written notice of the defect under Administrative Code section 7-201(c), a notice of claim within 90 days, and a lawsuit within one year and 90 days.
• Tree wells and curbs are not part of the sidewalk under the statute, so the adjoining owner is generally not liable for defects in those areas.
• Sidewalks next to federal, state, or NYCHA property follow separate claim procedures with their own deadlines.
• Outside New York City, the default rule flips: the municipality is usually responsible unless a local law expressly makes the owner liable.

The General Rule in New York City: The Adjoining Owner Is Responsible

Before 2003, the City of New York was generally responsible for defects in public sidewalks. Local Law 49 of 2003 changed that by adding section 7-210 to the Administrative Code of the City of New York. The section took effect on September 14, 2003, and it remains the controlling rule today.

Section 7-210 does two things. First, it places a duty on the owner of real property abutting any sidewalk, including the intersection quadrant for corner property, to maintain that sidewalk in a reasonably safe condition. Second, it makes the owner liable for personal injury or property damage proximately caused by a failure to do so. The statute specifically lists 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.

The Court of Appeals, New York’s highest court, has interpreted this duty broadly in several respects:

• The duty is non-delegable. In Xiang Fu He v. Troon Management, Inc. (2019), the Court held that an out-of-possession landlord remains liable even when the lease requires the tenant to clear snow and ice. The owner can hire someone to do the work but cannot transfer the legal exposure. Our earlier article on the landlord’s non-delegable duty discusses that decision in more detail.
• Liability follows the cause, not just the location of the fall. In Sangaray v. West River Associates, LLC (2016), the Court held that an owner whose defective flag contributes to a fall can be liable even if the pedestrian tripped at a point on the neighbor’s portion of the sidewalk.
• Commercial tenants may also share responsibility under their leases or under common law if they created the condition, but the owner stays in the case.

In practice, this means that for an apartment building, an office tower, a store, a restaurant, a school, a house of worship, or a mixed-use building, the injured pedestrian’s claim is against the owner of the adjoining property, not against the City.

The Homeowner Exception: When the City Is Responsible

The City Council carved out one class of property to avoid exposing small homeowners of limited means to exclusive liability. Section 7-210(b) does 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. Under section 7-210(c), the City remains liable for sidewalks abutting those properties.

Both prongs must be satisfied on the date of the accident, and the owner claiming the exemption has the burden of proving them. A few points from the case law show how the courts apply the test:

• A three-family house where the owner lives in one unit and rents the other two qualifies, so long as nothing on the property is used for business.
• Occasional, incidental use of a laptop at home does not turn a residence into a business. In Coogan v. City of New York (2010), the Appellate Division rejected the argument that a homeowner’s incidental computer use made the property partly commercial.
• The courts look at how the building was actually configured and used when the accident happened. In Moreno v. Shanker (2012), a two-family owner-occupied house that was later converted to four units under a new certificate of occupancy still qualified for the exemption, because it was a two-family home on the date of the fall.
• A property that is not owner-occupied at all, such as a two-family house rented entirely to tenants, does not qualify, and the owner is liable under section 7-210.
• The exemption does not protect an owner who affirmatively created the defect or made a special use of the sidewalk, such as a driveway cut. In Osipova v. London (2020), the Appellate Division confirmed that an exempt two-family homeowner is not liable under the statute and is not liable under common law either unless one of those traditional exceptions applies.

Exempt homeowners still have duties. Section 16-123 of the Administrative Code requires every owner, tenant, or occupant of a building to remove snow, ice, dirt, and other material from the sidewalk within four hours after the snow stops falling, with the hours between 9 PM and 7 AM not counted. The Department of Sanitation translates that rule into three windows: if snow stops between 7 AM and 4:59 PM, clear within four hours; if it stops between 5 PM and 8:59 PM, clear within 14 hours; if it stops between 9 PM and 6:59 AM, clear by 11 AM the next morning. A path at least four feet wide must be cleared, and the fines are $100 for a first offense, $150 for a second, and $250 for a third and later offenses. Failing to shovel exposes the homeowner to a summons even though tort liability for a fall on that sidewalk rests with the City. See the Sanitation Department’s snow removal rules for the current requirements.

Who Is Responsible for the Sidewalk? Seven Examples

The rules are easiest to understand through examples. Each row assumes the accident happened on the sidewalk flags themselves, not in a tree well or on the curb.

These same rules apply to snow and ice cases, and we discuss the winter-specific issues in our article on snow and ice accidents on sidewalks.

Suing the City Is Different: Prior Written Notice and the 90-Day Notice of Claim

When the sidewalk abuts an exempt home, the claim is against the City of New York, and the City enjoys two procedural protections that private owners do not have.

The first is prior written notice. Under Administrative Code section 7-201(c)(2), often called the Pothole Law, no lawsuit can be maintained against the City for a defective, unsafe, dangerous, or obstructed sidewalk unless written notice of the condition was actually given to the Commissioner of Transportation (or a designee) and the City failed to repair it within 15 days after receiving that notice. Written acknowledgment by the City of the condition, or written notice to a City agency of a prior injury at the same location, can also satisfy the requirement. The Department of Transportation is required to keep an indexed public record of these notices. The only recognized exceptions are where the City itself created the defect through an affirmative act of negligence or where a special use conferred a benefit on the City. Courts have applied the prior written notice requirement to transitory conditions such as ice as well as to permanent defects, and in Valentine v. City of New York (1982) the Court of Appeals held that a municipality is not liable for an icy sidewalk unless a reasonable time has passed between the end of the storm and the accident.

The second protection is the notice of claim. General Municipal Law section 50-e requires a sworn notice of claim to be served within 90 days after the claim arises. It must state the claimant’s name and address, the nature of the claim, the time, place, and manner in which it arose, and the injuries claimed. In New York City, the notice is served on the Comptroller, who accepts filings electronically through the eClaim system, by certified or registered mail, or by personal delivery. The City then has the right to examine the claimant under oath at a hearing under General Municipal Law section 50-h before any lawsuit is filed. Under General Municipal Law section 50-i, the lawsuit itself must be started within one year and 90 days after the accident, and at least 30 days after the notice of claim was served.

A court has discretion to permit a late notice of claim under section 50-e(5), but the application must be made before the one-year-and-90-day period expires, and permission is never guaranteed. Anyone hurt on a sidewalk in front of a private home should consult a lawyer promptly so that the correct defendant can be identified and the notice of claim served well within the 90 days.

Sidewalks Next to Government Property: Federal, State, NYCHA, and City Buildings

Section 7-210(c) preserves the City’s liability as a property owner, so when a sidewalk abuts a City-owned building, a school, a park, or a vacant City lot, the City is the responsible owner. The prior written notice rule and the 90-day notice of claim still apply.

Other public owners follow their own procedures:

• New York City Housing Authority: NYCHA owns hundreds of developments and the sidewalks around them. Under Public Housing Law section 157, a notice of claim must be served within 90 days, and the lawsuit must be started within one year and 90 days. Our article on the NYCHA Challenge explains why these cases require early action.
• State of New York: Claims involving State-owned property, such as SUNY campuses and State office buildings, are brought in the Court of Claims. Under Court of Claims Act section 10(3), the claim or a written notice of intention must be filed and served on the Attorney General within 90 days after accrual.
• Federal government: The sidewalk in front of the United States Courthouse on Foley Square abuts federal property. A claim against the United States proceeds under the Federal Tort Claims Act, which makes the government liable in the same manner and to the same extent as a private individual under like circumstances (28 U.S.C. section 2674). The injured person must first present an administrative claim to the responsible federal agency within two years under 28 U.S.C. section 2401(b), and may sue only after the agency denies the claim or fails to act within six months. Federal defendants can also raise defenses unavailable to private owners. In 2026, according to announcements by Amtrak’s defense counsel, federal courts in Manhattan and Brooklyn dismissed sidewalk claims against Amtrak arising in the Bronx and in Astoria, Queens, holding that a federal statute governing Amtrak’s Northeast Corridor property preempted section 7-210.

The takeaway is that “the government is responsible” is only the start of the analysis. Which government, and under which claim statute, determines the deadline?

Tree Roots, Tree Wells, Curbs, and Other Gray Areas

Several parts of the streetscape look like sidewalk but are treated differently under the law.

Tree wells. In Vucetovic v. Epsom Downs, Inc. (2008), the Court of Appeals held that a tree well is not part of the sidewalk for purposes of section 7-210. A pedestrian who trips on the cobblestones or soil inside a tree well cannot rely on the statute against the adjoining owner. The claim, if any, is against the City, subject to prior written notice.

Curbs. The Administrative Code defines the sidewalk as the area between the curb line and the property line, but not including the curb. In Ascencio v. New York City Housing Authority (2010), the Appellate Division held that an abutting owner was not responsible for a defect on the curb itself.

Tree-root damage to the flags. When a City tree lifts or cracks the sidewalk flags, the flags are still sidewalk, and a non-exempt owner remains liable under section 7-210. Since 2019, however, the City no longer issues sidewalk violations or liens to one-, two-, and three-family properties for damage caused solely by City trees, and NYC Parks may repair qualifying sidewalks in front of those homes through its Trees & Sidewalks Program. Sites are inspected and scored on pedestrian use, sidewalk clearance, the height of the lift, the number of damaged flags, and the condition of the tree, and the highest-rated sites are repaired first. Only owner-occupied, Tax Class 1 one-, two-, and three-family homes with no commercial use qualify, and because funding is limited, a repair is not guaranteed.

Hardware, gratings, and construction. Utility covers and gratings are generally the responsibility of the company or agency that owns the hardware. Sidewalk sheds, scaffolding, and outdoor dining sheds placed on the sidewalk raise separate questions about the contractor or restaurant that installed them. Our article on outdoor dining sheds addresses that emerging area.

Sidewalk Violations and Repairs: How the DOT Process Works for Owners

Liability for injuries is separate from the duty to make repairs. Under Administrative Code section 19-152, property owners must install, repair, and maintain the sidewalks adjoining their property, and this duty applies to exempt homeowners as well. Anyone can report a broken sidewalk to 311. The Department of Transportation then inspects the location and, if it finds a defect such as a collapsed flag, a trip hazard, an improper slope, patchwork, or protruding hardware, it issues a Notice of Sidewalk Violation to the owner.

The owner has 75 days from the notice to make the repair or to request a reinspection. If the repair is not made, DOT may perform the work or hire a contractor, and the Department of Finance bills the owner, with 90 days to pay before interest accrues and an installment plan available to eligible residential owners. A contractor doing sidewalk work costing more than $200 at a residential property must hold a Home Improvement Contractor license. As of September 2026, DOT reports that its Expedited Sidewalk Repair Program is paused until further notice. Details on the current process are available on the NYC DOT sidewalk repair page.

A Notice of Sidewalk Violation is also relevant evidence in an injury case. It shows that the owner was on written notice of a hazard, and an unrepaired violation strengthens the injured pedestrian’s claim.

Outside New York City: Yonkers, Long Island, Westchester, and Upstate

Cities and towns outside New York City have entirely different rules, and the starting point is the opposite of the City’s. Under the Court of Appeals decision in Hausser v. Giunta (1996), liability for a defective public sidewalk generally rests with the municipality, not the adjoining owner. An owner becomes liable only if the owner created the defect, made a special use of the sidewalk, negligently repaired it, or violated a statute or ordinance that expressly imposes tort liability on the owner for failing to maintain the sidewalk.

That last requirement is strict. Many local codes require owners to keep sidewalks in good repair but say nothing about liability to injured pedestrians. For example, in Lagawo v. Myers (2017), the Appellate Division held that Yonkers City Code section 103-1 imposes a maintenance duty on owners but does not impose tort liability, so the injured pedestrian’s claim against the Yonkers homeowner was dismissed. In that situation, the claim is against the City of Yonkers, which has its own prior written notice requirement and its own 90-day notice of claim rule under the General Municipal Law.

Some municipalities have enacted ordinances that do shift liability to owners, and some have not. Because the answer turns on the exact wording of the local code, the first task in any suburban sidewalk case is to pull the ordinance and read it.

What a Sidewalk Injury Claim Can Recover

A person injured by a dangerous sidewalk can recover medical expenses, lost earnings, and compensation for pain and suffering and loss of enjoyment of life. New York follows pure comparative negligence under CPLR 1411, so a pedestrian who was partly at fault, for example by texting while walking, can still recover damages reduced by their percentage of fault. New York places no cap on pain and suffering damages in premises liability cases.

Two timing rules matter. Against a private owner, the statute of limitations for a personal injury action is three years under CPLR 214(5). Against the City, NYCHA, or another municipal defendant, the notice of claim deadline is 90 days, and the lawsuit deadline is one year and 90 days. Missing the shorter deadline can end an otherwise strong case.

Evidence should be gathered immediately. Photographs of the defect with a ruler or coin for scale, the exact address, the weather and lighting, and the names of witnesses are all important. Owners frequently argue that a defect was too trivial to be actionable. The Court of Appeals rejected any fixed minimum height in Hutchinson v. Sheridan Hill House Corp. (2015), so the outcome depends on the specific characteristics of the defect and the surrounding circumstances. Our article on getting a monetary recovery for injuries from a broken sidewalk walks through how these cases are proven and valued.

Frequently Asked Questions

Who is responsible for sidewalk repair in NYC, the homeowner or the City?

Under Administrative Code section 19-152, the property owner is responsible for repairing the sidewalk next to the property, including owners of exempt one-, two-, and three-family homes. Liability for injuries is a separate question governed by section 7-210, which places it on the owner for most properties and on the City for owner-occupied one-, two-, and three-family homes used only as residences. Tree-root damage in front of those homes may be repaired by NYC Parks through its Trees & Sidewalks Program, though funding is limited and repairs go by priority.

Is the City of New York liable if I fall on the sidewalk in front of a private house?

Often, yes, if the house is a one-, two-, or three-family residence, at least partly owner-occupied, and used exclusively as a residence. You must show that the City had prior written notice of the defect at least 15 days before your fall, or that the City created the condition, and you must serve a notice of claim on the Comptroller within 90 days.

Can a tenant be responsible for the sidewalk in NYC?

A commercial tenant can be contractually responsible for maintenance and may be liable if the tenant created the hazard, but the owner’s duty under section 7-210 is non-delegable. The owner remains liable to the injured pedestrian even when the lease shifts snow removal or repairs to the tenant.

How long do homeowners have to clear snow from the sidewalk in NYC?

Four hours after the snow stops falling, not counting the hours between 9 PM and 7 AM. If snow stops between 5 PM and 8:59 PM, the deadline is 14 hours later, and if it stops overnight, the sidewalk must be cleared by 11 AM. This duty applies to every owner and occupant, including exempt homeowners, and violations carry fines of $100 to $250.

Who is responsible for a fall in a tree well or on the curb?

Not the adjoining owner, in most cases. The Court of Appeals held in Vucetovic v. Epsom Downs, Inc. that tree wells are not sidewalk under section 7-210, and the Administrative Code excludes the curb from the definition of sidewalk. Claims for those areas are generally against the City and require prior written notice.

What is the deadline to sue the City for a sidewalk injury?

A notice of claim must be served within 90 days of the accident, and the lawsuit must be started within one year and 90 days. Against a private owner, the deadline is three years. Against the federal government, an administrative claim must be presented within two years.

Does the same rule apply in Yonkers, Nassau County, or Westchester?

No. Outside New York City, the municipality is generally responsible for public sidewalks unless a local ordinance expressly imposes liability on the adjoining owner. Yonkers City Code section 103-1, for example, imposes a maintenance duty but not tort liability. Each municipality’s code must be checked.

Speak With a New York City Sidewalk Accident Lawyer

Identifying the correct defendant is the first and most consequential decision in a sidewalk case. Naming the wrong party, or discovering three months after a fall that the responsible owner was the City, can forfeit the claim entirely. Mark E. Seitelman has represented injured New Yorkers for more than 47 years, and the firm handles sidewalk accident cases across all five boroughs from offices at 111 Broadway in the Financial District, 570 Grand Street on the Lower East Side, and 605 East 82nd Street on the Upper East Side.

If you were hurt on a sidewalk in New York City, contact our office as soon as possible after the accident so that we can determine who is responsible for the sidewalk, preserve the evidence, and meet every deadline that applies to your claim.