Local Law 49 of 2003 The 2003 New York City legislation that created Administrative Code § 7-210, transferring liability for most sidewalk injuries from the City to the owners of the properties bordering those sidewalks.
Before this law took effect in September 2003, injured pedestrians generally sued the City over defective sidewalks, and the City often escaped liability using the prior written notice defense. Local Law 49 changed the landscape by making abutting owners of commercial, mixed-use, and larger residential properties directly liable, while leaving owner-occupied one- to three-family homes with the City. It is the reason a Bronx storefront owner or a Brooklyn apartment building can be sued today over a cracked flag. The law also drives demand for prompt professional sidewalk repair, since fixing defects early removes the exposure.
Frequently Asked Questions About Local Law 49 of 2003
What did Local Law 49 of 2003 change?
It created Administrative Code 7-210, transferring liability for most sidewalk injuries from the City of New York to the owners of the abutting properties.
Who sued for sidewalk injuries before 2003?
Injured pedestrians generally sued the City, which often escaped liability using the prior written notice defense under the Pothole Law.
Which owners did the law leave alone?
Owner-occupied one-, two-, and three-family homes used exclusively as residences. Injury liability for those sidewalks stayed with the City.
Why does this law still matter to owners?
It is the reason a Brooklyn storefront or a Bronx apartment building can be sued today over a single cracked flag. Repairing defects early removes that exposure.