# Tree-Root Sidewalk Damage in New York, NY: Who Pays? | Who Pays the Repair?

> In 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.

**Who pays:** shared

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.

**Boundary:** NYC Administrative Code § 7-210 puts sidewalk maintenance and liability on the abutting owner, EXCEPT for owner-occupied one-, two- or three-family residential property (Tax Class 1). For those homes, the NYC Parks Trees & Sidewalks Program repairs severe damage caused by City street-tree roots at City expense.

**Property owner:** Maintain the abutting sidewalk in a reasonably safe condition (§ 7-210), this includes damage from a private tree; it does not apply to owner-occupied 1-2-3-family homes.

**City / agency:** For owner-occupied 1-2-3-family (Tax Class 1) homes, NYC Parks repairs severe City-street-tree root damage at City expense (rating-based, limited funding); or the owner may repair and file a damage claim with the Comptroller.

**Exceptions:** Owner-occupied 1-2-3-family homes excepted from § 7-210; City-tree root damage to them repaired by NYC Parks.

## Sources
- [NYC Administrative Code § 7-210 (owner sidewalk duty; 1-2-3-family owner-occupied exception)](https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-4164) — "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 purposes." (accessed 2026-09-09)
- [NYC Parks: Trees & Sidewalks Program (City repairs street-tree root damage to Tax Class 1 homes)](https://www.nycgovparks.org/services/forestry/trees-sidewalks-program) — "Parks' sidewalk repair program can help repair severe sidewalk damage caused by root growth adjacent to one-, two, and three-family (NYC Tax Class 1) homes not used for commercial purposes and occupied by the owner only." (accessed 2026-09-09)

_Last verified 2026-09-09. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/new-york-ny-tree-roots/ — every claim checked against a primary source before publication (see /methodology/)._