Administrative Code § 7-201(c)(2) The specific provision of NYC law stating that no one can sue the City over a defective street, sidewalk, or crosswalk unless the City received prior written notice of that exact condition and failed to fix it.
This subdivision, widely known as the Pothole Law, is the City's strongest defense in the sidewalk cases it still faces. The written notice must describe the defective condition and reach the DOT commissioner or an authorized recipient, and the City then has fifteen days to act after receiving it. Verbal complaints and general awareness usually do not count. After § 7-210 shifted most sidewalk liability to private owners in 2003, this rule chiefly affects claims involving owner-occupied one- to three-family homes and City property, where injured pedestrians must still clear this notice hurdle.
Frequently Asked Questions About Administrative Code § 7-201(c)(2)
What is the Pothole Law?
Administrative Code 7-201(c)(2). It bars lawsuits against the City over a defective street, sidewalk or crosswalk unless the City received prior written notice of that exact condition and failed to repair it.
How much time does the City get after notice?
Fifteen days. If the City does not repair or remedy the condition within fifteen days of receiving written notice, the notice hurdle is cleared.
Does a phone call or 311 complaint count as notice?
Usually not. Courts apply the rule strictly: the notice generally must be written, describe the specific defective condition and location, and reach the DOT commissioner or another authorized recipient.
Who does this rule affect today?
Chiefly pedestrians injured next to exempt small homes or on City property, since 7-210 moved most sidewalk claims to private owners in 2003.