What's happening
This bill shifts responsibility for sidewalk maintenance from property owners to local governments and repeals related New York City codes.
Why it matters
Shifting sidewalk maintenance to local governments means cities, towns, and villages—not individual property owners—will now be responsible for repairs, snow removal, and general upkeep. This could lead to more consistent sidewalk conditions, potentially improving accessibility and safety for pedestrians, including children, seniors, and people with disabilities.
Property owners will no longer face fines, liens, or bills for failing to maintain sidewalks. This reduces financial and legal risks for homeowners and landlords, especially in cases where sidewalk repairs are costly or snow removal is difficult for elderly or disabled residents.
Local governments will need to allocate new resources and budgets for sidewalk maintenance, potentially leading to increased municipal spending or shifts in local tax priorities. This centralization might streamline sidewalk standards, but could also strain municipal services if not properly funded.
Repealing New York City’s administrative codes (sections 16-123 and 19-152) eliminates longstanding local rules that made abutting property owners responsible for sidewalk care. This creates a uniform statewide policy, reducing confusion and legal disputes over responsibility, particularly in urban areas like NYC where sidewalk liability has been a contentious issue.
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Who cares
Headline styles
Cities Must Maintain Sidewalks
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
2 Multi-sponsors
History
- Referred to local governments
- Referred to local governments
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4410
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
Introduced by M. of A. DenDEKKER, BARNWELL -- read once and referred to the Committee on Local Governments
AN ACT to amend the town law, the second class cities law, and the general municipal law, in relation to the maintenance of sidewalks; and to repeal sections 16-123 and 19-152 of the administrative code of the city of New York relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 130 of the town law is amended to read as follows:
4. Sidewalks. Regulating the manner of construction, reconstruction and repair of sidewalks, the materials to be used, the grades and the widths thereof and prohibiting any construction, reconstruction or repair which does not comply with such regulations[; requiring the owner and occupant of premises abutting on any street where a sidewalk has been laid, to keep the sidewalk in front of such premises, free and clear from snow, ice, dirt and other obstructions and upon default thereof provide for the removal thereof at the expense of the owners of such premises and that such charge shall become a lien upon the premises benefited thereby, until paid].
§ 2. Section 92 of the second class cities law is amended to read as follows:
§ 92. Repair of sidewalks; removal of snow and ice. The commissioner of public works shall have full power and authority to [require the owner of property abutting upon a street to] repair any sidewalk [in front thereof] abutting upon a street or bring the same to true grade, and to remove the snow and ice therefrom. [Where the owner of such property shall fail or neglect to repair any sidewalk or bring the same to true grade for five days after written notice so to do has been served on him, either personally or by delivering the same at his residence, or if he be a non-resident by mailing the same to him at his last known
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07932-01-9
A. 4410 2
place of residence, or if the name of the owner or his place of residence can not be ascertained after due diligence, by posting the same in a conspicuous place upon the premises; or where the owner of any such premises shall fail or neglect to remove snow and ice from any such sidewalk after the same has remained thereon for more than twelve hours, and the commissioner shall have repaired such sidewalk or brought the same to grade or removed the ice or snow therefrom, a bill for the expenses incurred thereby shall be presented to the owner personally or by leaving the same at his residence or, if he be a non-resident, by mailing the same to him at his last known place of residence, or, if the name of such owner or his place of residence can not be ascertained after due diligence, by posting the same in a conspicuous place on the premises; and, if he shall fail to pay the same within ten days thereafter, the commissioner shall file each year immediately preceding the time for making the annual assessment-roll his certificate of the actual cost of the work, together with a statement as to the property in front of which the repairing or grading or cleaning was done, with the assessors of the city, who shall, in the preparation of the next assessmentroll of general city taxes, assess such amount upon such property, and the same shall be levied, corrected, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general city tax and as a part thereof.]
§ 3. Section 16-123 of the administrative code of the city of New York is REPEALED.
§ 4. Section 19-152 of the administrative code of the city of New York is REPEALED.
§ 5. The general municipal law is amended by adding a new section 96-c to read as follows:
§ 96-c. Maintenance of sidewalks. The governing board of any county, city, town or village shall regulate the construction, maintenance or use of sidewalks abutting streets within the county, city, town or village; provided, however, that no county, city, town or village shall require the owners of property abutting such streets to maintain such sidewalks.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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