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.
← Back to Full Glossary