One-, Two-, or Three-Family Owner-Occupied Exemption The exception in NYC sidewalk law under which owners of one-, two-, or three-family homes that are at least partly owner-occupied and used exclusively for residential purposes are not liable for sidewalk injuries; the City retains that liability.
Both conditions must be met: the small home must be owner-occupied in whole or in part, and its use must be exclusively residential. A three-family house where the owner lives upstairs qualifies; the same building with a ground-floor shop, a home office seeing clients, or a fully absentee landlord does not. Exempt owners still must keep the sidewalk repaired under § 19-152 and can still receive DOT violations, so the exemption removes injury liability, not maintenance duty. Owners unsure of their status should check how their property is actually used before assuming they are protected.
Frequently Asked Questions About One-, Two-, or Three-Family Owner-Occupied Exemption
Who qualifies for the owner-occupied exemption?
Owners of one-, two-, or three-family homes that are at least partly owner-occupied and used exclusively for residential purposes. Both conditions must be met.
Does a ground-floor store break the exemption?
Yes. Exclusively residential use is required, so a commercial storefront, or in some cases a home office serving clients, can disqualify the property.
What if I own the house but rent out all units?
A fully absentee landlord does not qualify. The owner must occupy the building in whole or in part.
Does the exemption remove the duty to repair?
No. Exempt owners must still keep the sidewalk in repair under 19-152 and can still receive DOT violations. Only injury liability shifts back to the City.
How do I confirm my status?
Check how the building is actually used and classified, not just how it is described. Actual use at the time of the incident controls.