Who Must Handle Sidewalk Repairs in Brooklyn?

In Brooklyn, the responsibility for sidewalk maintenance falls squarely on the shoulders of property owners. According to Section 7-210 of the NYC Administrative Code, if someone trips and gets injured due to a defect in the sidewalk, the adjacent property owner can be held legally responsible.

When Do Sidewalks Need to Be Repaired?

Repairs are required whenever the sidewalk becomes a safety risk. This could include cracks, raised or sunken sections, loose pavement, or any other condition that might lead to a fall.

The New York City Department of Transportation (DOT) actively inspects sidewalks throughout the five boroughs. If they find a violation, like an uneven surface or broken concrete, they will issue a notice to the property owner.

Once that notice is issued, the clock starts ticking. Property owners are given 75 days to complete the necessary repairs. If the deadline is missed, the city steps in and hires a contractor to fix the sidewalk. The cost is then billed to the property owner, and in many cases, the city’s repair fees are higher than those charged by private contractors.

You may also be required to make repairs when applying for or renewing a homeowner's insurance policy. Insurance companies often send out inspectors to check the property for hazards. If the inspector finds sidewalk damage that poses a risk, they may require repairs before issuing or renewing your policy.

What Causes Sidewalk Damage?

Sidewalks can wear down over time due to a variety of environmental and structural factors. Some of the most common causes include:

Weather changes like freezing and thawing, which cause the concrete to expand and contract, leading to cracks.
Tree roots that grow underneath and push up the sidewalk, creating uneven surfaces.
Heavy foot traffic and the occasional vehicle, especially on corner lots or driveways, which can stress the pavement.
Poor construction methods or substandard materials that result in faster deterioration.
Neglect, where minor issues are not addressed early and grow into bigger, more expensive problems

When Do You Qualify for Free Sidewalk Repairs?

If you own a one-, two-, or three-family home in New York City and the sidewalk in front of your property has been damaged by the roots of city-owned trees, you may be eligible for free repairs through the NYC Parks Department's Trees and Sidewalks Repair Program.

This program was created to relieve homeowners from the burden of fixing sidewalks damaged by tree roots. However, due to high demand (over 9,000 inspection requests each year), repairs are prioritized based on several factors:

• How extensive the sidewalk damage is
• The amount of foot traffic in the area
• The size, species, and health of the tree causing the issue

Even if your property ranks high on the priority list, you may still experience a waiting period that can extend up to three years, depending on the backlog and available funding.

Although the NYC Department of Transportation (DOT) generally does not issue violations to the 1-, 2-, or 3-family residential property owners for sidewalks lifted or cracked due to tree roots, the damage can still result in trip hazards. If someone gets injured due to a neglected sidewalk, you could still face legal consequences.

To avoid this risk, property owners can choose to make repairs themselves by hiring a licensed contractor. NYC Parks allows this as long as the contractor obtains the required permits and follows city guidelines. After the work is completed, you may qualify for reimbursement, but only if you file a claim within 90 days.

Documents Required for Reimbursement

To submit a reimbursement claim to the NYC Comptroller, you will need to provide the following documents:

• A photo of the damaged sidewalk before any work was done
• A copy of the Tree Work Permit issued by NYC Parks
• The Sidewalk Construction Permit issued by DOT
• A copy of the sidewalk design recommendation provided by NYC Parks
• Proof of all payments, including itemized bills and receipts
• A clear photo of the repaired sidewalk after the work is complete

Conclusion

While the city may assist with repairs caused by its own trees, sidewalk maintenance remains the responsibility of property owners in most cases. Understanding when you qualify for free repairs and how to take the right steps if you choose to handle it privately can help you avoid liability, stay compliant, and maintain a safe walking surface for your neighbors and community.