Who Pays for Home Repairs in New York, NY?

We have verified 7 repair-responsibility rules for New York. Each answer below is quoted from the city's own code, a city department, a utility or a state statute, and links to the full record with every source.

RepairWho paysThe rule
Municipal Liability: Pothole Damaged My CarDependsNYC only pays for pothole car damage with prior written notice of the defect; you must also file a Notice of Claim within 90 days.
Municipal Liability: Sewer Main Backup Into My HomeDependsNYC DEP holds property owners responsible for their sewer lateral; file a claim within 90 days if the City main caused the backup.
Municipal Liability: Water Main Break Flooded My HomeDependsNYC's Water Damage Claim Form covers main-break flooding, but you must file a Notice of Claim within 90 days regardless of outcome.
Sewer LateralProperty ownerIn New York City the owner maintains the house sewer and the curb-to-sewer connection under the street. DEP's duty excludes both (Admin Code 24-522).
Sidewalk RepairProperty ownerWho pays for sidewalk repair in New York, NY? Abutting owner installs, repairs, maintains the adjoining sidewalk (§19-152).
Street Tree / ParkwaySharedNYC Parks maintains street trees, but owners pay for sidewalk repairs except eligible 1-3 family homes get free tree-root repair.
Tree RootsSharedIn NYC owners generally maintain the sidewalk under § 7-210, but owner-occupied 1-3 family homes are excepted and NYC Parks repairs City-tree root damage to them.

Municipal Liability: Pothole Damaged My Car

NYC only pays if DOT had prior written notice of that specific pothole at least 15 days before your incident, and you must file a Notice of Claim with the NYC Comptroller within 90 days.

Pursuant to the New York State General Municipal Law § 50-e, personal injury and property damage (tort) notices of claim must be properly served within 90 days from the date of occurrence.

Source: File a Claim

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Municipal Liability: Sewer Main Backup Into My Home

NYC DEP puts the property owner on the hook for the private sewer service line up to the City's main; if DEP confirms the backup originated in the City main, file a Water Damage Claim Form within 90 days.

Property owners own and are responsible for maintaining and repairing their sewer service line, which connects their property to the City's sewer main in the street.

Source: Sewer Backup

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Municipal Liability: Water Main Break Flooded My Home

NYC has a dedicated Water Damage Claim Form for water-main-break flooding; the Comptroller investigates City negligence, but the Notice of Claim must still be filed within 90 days regardless of outcome.

Please use the Water Damage Claim Form if your claim involves a sewer back up or water main break.

Source: Property Damage Claim FAQs

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Sewer Lateral

New York City puts the whole connection on the owner, including the curb-to-sewer segment under the street, and carves it out of DEP’s own maintenance duty.

The owner... shall pay the cost of each curb-to-sewer connection,

Source: NYC Administrative Code Sec. 24-512 (owner pays/maintains curb-to-sewer connection)

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Sidewalk Repair

New York City: the property owner pays, NYC DOT, Admin Code §19-152, injury liability under §7-210.

Property owners are responsible for installing, repairing and maintaining sidewalks adjoining their properties.

Source: NYC DOT: Sidewalks (Admin Code 19-152)

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Street Tree / Parkway

In New York City, Parks maintains all ~600,000 street trees, but the abutting owner generally pays for sidewalk repairs, except owner-occupied 1-3 family homes which get free tree-root sidewalk repair through Parks' Trees & Sidewalks program.

The Department of Parks & Recreation has jurisdiction over all trees growing in the public right-of-way, including trees along streets, parkways, and in city parks. Within Parks, the Forestry Divisions are responsible for the maintenance of our nearly 600,000 street trees.

Source: Frequently Asked Forestry Questions: NYC Parks

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Tree Roots

New York: owners generally maintain the sidewalk (§ 7-210), but owner-occupied 1-3 family homes are excepted and NYC Parks repairs City-tree root damage to them.

It shall be the duty of the owner of real property abutting any sidewalk... to maintain such sidewalk in a reasonably safe condition.... 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...

Source: NYC Administrative Code § 7-210 (owner sidewalk duty; 1-2-3-family owner-occupied exception)

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