What's happening
This bill removes sidewalk maintenance liability from cooperative and condominium buildings, nonprofits, and houses of worship in New York City.
Why it matters
Shifts financial risk for sidewalk injuries or damage. away from co-op/condo buildings, nonprofits, and houses of worship, potentially saving these organizations from costly lawsuits and insurance expenses.
Restores liability for sidewalk maintenance to the City of New York. for these categories of properties, which could mean increased municipal responsibility and possible impacts on city budgets and priorities.
May affect sidewalk safety and maintenance standards. , since the responsible party changes from property owners (who may be more immediately responsive to issues) to city agencies, possibly impacting repair timelines and quality.
Could set a precedent or inspire similar legislative efforts. in other cities or property types, especially where nonprofit or residential organizations face financial strain from liability laws.
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Who cares
Cooperative and condominium apartment buildings
The bill would exempt their owners from the sidewalk injury liability imposed by section 7-210(b), including liability for negligent repairs or snow and ice removal.
Nonprofits and houses of worship
The bill would extend that exemption to nonprofit-owned property, property used exclusively for nonprofit purposes and property used as a house of worship.
New York City government
The bill would remove these properties from the provision shielding the city from liability for injuries caused by unsafe sidewalks.
People injured on sidewalks
Those injured beside the newly exempt properties would face a different liability framework, with the specified owner liability removed and the city's statutory liability shield narrowed.
Headline styles
Remove Sidewalk Liability for Groups
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7113
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in relation to removing liability for sidewalk maintenance for cooperative apartment buildings, condominium buildings, nonprofit organizations and houses of worship
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions b and c of section 7-210 of the administrative code of the city of New York, as added by local law number 49 of the city of New York for the year 2003, are amended to read as follows:
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. This subdivision shall not apply to cooperative or condominium apartment buildings nor shall this subdivision apply to real property that is used as a house of worship, or real property that is owned by a nonprofit, or real property used exclusively for nonprofit purposes. For purposes of this section, the term "house of worship" shall have the same meaning as defined in section 19-162.1 of this code.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13589-01-7
S. 7113 2
that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes; or sidewalks abutting cooperative or condominium apartment buildings; or sidewalks abutting real property that is used as a house of worship, or real property that is owned by a nonprofit, or real property used exclusively for nonprofit 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the administrative code of the city of New York, in relation to removing liability for sidewalk maintenance for cooperative apartment buildings, condominium buildings, nonprofit organ- izations and houses of worship
Purpose
The purpose of this bill is to remove liability for injuries stemming from the failure to maintain sidewalks for cooperative apartment build- ings, condominium buildings, nonprofit organizations, and houses of worship.
Summary of provisions
Section 1 of this bill amends subdivisions (b) and (c) of § 7-210 of the administrative code of the city of New York by adding cooperative or condominium apartment buildings, non-profits, and houses of worship to the list of properties which are not liable for injuries caused by the failure to maintain a sidewalk in a reasonably safe condition.
Section 2 of this bill states that this act shall take effect immediate- ly after it shall have become a law.
Justification
Injuries related to the poor maintenance of sidewalks in the city of New York are a common occurrence. Currently, in most cases, the property owner adjacent to the sidewalks where the injuries occur are liable.
When the city of New York originally adopted § 7-210 of the administra- tive code, which outlines these provisions, it exempted the owners of one-, two-, and three-family residential homes from these requirements. The rationale for this exemption rested upon the logic that it was inap- propriate to expose small-property owners in residence, who have limited resources, to this category of liability.
It is similarly inappropriate to expose cooperative and condominium apartment buildings, non-profits, and houses of worship to such liabil- ity. Each of these categories of property owner have limited resources, and it is improper to burden them with the costs associated with poten- tial sidewalk injuries, such as insurance and legal action.
Exempting these property owners from liability for injuries stemming from the failure to maintain a sidewalk will relieve them of another potential expense of owning property in the city of New York, and encourage other organizations in these categories to purchase property in the City.
Legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately after it shall have become a law
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.