Non-delegable duty A legal obligation that stays with the responsible party even if the work is assigned to someone else. In NYC, a property owner's duty to maintain the abutting sidewalk cannot be shifted to a tenant or contractor.
Courts interpreting § 7-210 have held that the sidewalk maintenance duty is non-delegable, meaning a lease clause making the tenant responsible for repairs does not protect the owner from an injured pedestrian's lawsuit. The owner may later seek reimbursement from the tenant through indemnification, but the pedestrian's claim runs against the owner first. This is why NYC landlords cannot simply assume a commercial tenant is handling the sidewalk. Regular inspections and prompt repairs by a licensed contractor remain the owner's safest protection regardless of what the lease says.
Frequently Asked Questions About Non-delegable duty
What does non-delegable duty mean for a sidewalk?
It means the property owner's obligation to maintain the abutting sidewalk stays with the owner even if a lease or contract assigns the work to someone else.
Can a lease shift sidewalk liability to my tenant?
Not as far as an injured pedestrian is concerned. Courts interpreting 7-210 have held the duty is non-delegable, so the pedestrian's claim runs against the owner first.
Is a lease clause useless then?
No. The owner can still pursue the tenant afterward for reimbursement through an indemnification clause, but that is a separate fight that happens after the owner has been sued.
What protects an owner in practice?
Regular inspection of the frontage and prompt repair by a licensed contractor, regardless of what the lease says.