New York City Council Header
File #: Int 0548-2018    Version: * Name: Requiring the City to be responsible for sidewalks outside of buildings owned by or used exclusively by nonprofit organizations.
Type: Introduction Status: Committee
Committee: Committee on Governmental Operations
On agenda: 2/14/2018
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to requiring the City to be responsible for sidewalks outside of buildings owned by or used exclusively by nonprofit organizations
Sponsors: Mark Levine
Council Member Sponsors: 1
Summary: Under the bill, the city would be responsible for the upkeep and liability for sidewalks outside of buildings owned or used exclusively by nonprofit organizations. While the city has shifted responsibility to property owners for sidewalk maintenance, this bill would return to the city responsibility for those sidewalks abutting properties owned or exclusively used by a nonprofit organization.
Indexes: Oversight
Attachments: 1. Summary of Int. No. 548, 2. Int. No. 548, 3. February 14, 2018 - Stated Meeting Agenda

Int. No. 548

 

By Council Member Levine

 

A Local Law to amend the administrative code of the city of New York, in relation to requiring the City to be responsible for sidewalks outside of buildings owned by or used exclusively by nonprofit organizations

 

Be it enacted by the Council as follows:

 

Section 1. Section 7-210 of the administrative code of the city of New York, as added by local law number 49 for the year 2003, is amended to read as follows:

§ 7-210 Liability of real property owner for failure to maintain sidewalk in a reasonably safe condition. a. Definitions. For purposes of this section, the term “nonprofit” means an organization operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

[a.] b. It shall be the duty of the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, to maintain such sidewalk in a reasonably safe condition.

[b.] c. Notwithstanding any other provision of law, the owner of real property abutting any sidewalk, including, but not limited to, the intersection quadrant for corner property, shall be liable for any injury to property or personal injury, including death, proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition. Failure to maintain such sidewalk in a reasonably safe condition shall include, but not be limited to, the negligent failure to install, construct, reconstruct, repave, repair or replace defective sidewalk flags and the negligent failure to remove snow, ice, dirt or other material from the sidewalk. This subdivision shall not apply to one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes, nor shall this subdivision apply to real property that is (i) owned by a nonprofit or (ii) used exclusively for nonprofit purposes.

                     [c.] d. Notwithstanding any other provision of law, the city shall not be liable for any injury to property or personal injury, including death, proximately caused by the failure to maintain sidewalks (other than sidewalks abutting one-, two- or three-family residential real property that is (i) in whole or in  part, owner occupied, and (ii) used exclusively for residential purposes, or sidewalks abutting real property that is (i) owned by a nonprofit or (ii) used exclusively for nonprofit purposes,) in a reasonably safe condition. This subdivision shall not be construed to apply to the liability of the city as a property owner pursuant to subdivision b of this section.

[d.] e. Nothing in this section shall in any way affect the provisions of this chapter or of any other law or rule governing the manner in which an action or proceeding against the city is  commenced,  including any provisions requiring prior notice to the city of defective conditions.

                     § 2. Section 19-152 of the administrative code of the city of New York is amended by adding a new subdivision t to read as follows:

t. This section shall not apply where the property is owned by a nonprofit or used exclusively by a nonprofit. For purposes of this subdivision, the term “nonprofit” means an organization operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

§ 3. This local law takes effect immediately.

NV/LF/KET/JJ

LS #3475/Int. 0777-2015

LS #1150 01/04/2018 2:33PM