Owner-occupied residence An owner-occupied residence is a dwelling where the property owner lives on-site as their primary residence.
Owner-occupation can affect available exemptions, tax classifications, and responsibilities; for sidewalk enforcement, owner-occupied status may appear on records and informs whether billing or lien procedures target an owner or other parties.
Frequently Asked Questions About Owner-occupied residence
What is an owner-occupied residence?
A dwelling where the property owner lives on site, in whole or in part.
Why does owner occupancy matter for sidewalks?
It is one of the two conditions for the NYC sidewalk injury liability exemption, alongside being a one- to three-family home in exclusively residential use.
Does owner occupancy remove the repair duty?
No. The owner must still keep the sidewalk in repair and can still receive a DOT violation.
How is occupancy established?
By actual use of the building at the relevant time, supported by records such as the deed, tax filings and residency documentation.