375 Chauncey St, Apt 2R, Brooklyn, NY 11233
Mon–Fri 8AM–6PM · Sat 9AM–4PM

One-, Two-, or Three-Family Owner-Occupied Exemption

Legal Framework, Liability & Claims
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.

Get Your Free Sidewalk Inspection Today in NYC

DOT licensed · OSHA certified · Fully insured · Free written estimates

Request a Free Estimate
← Back to Full Glossary
Free Estimate Call Now