As a property owner in New York City, you are responsible for maintaining the sidewalks adjacent to your property. This includes addressing any damage caused by tree roots. While tree roots are a common cause of sidewalk issues, it’s important to understand the rules that govern who’s responsible for repairs and what you need to do when damage occurs.
As someone who’s worked on these kinds of issues in the city for years, I’m here to help you navigate through it.
City’s Sidewalk Repair Program: Who’s Eligible?
If you live in a one-family, two-family, or three-family home, and the damage to your sidewalk is caused by tree roots from a city-owned tree, you may fall under the eligibility criteria for the Trees & Sidewalks Repair Program.
This program covers free repairs, but there are eligibility requirements. The city uses a rating system based on the severity of the damage, pedestrian traffic, and the condition of the tree to prioritize repairs.
It’s important to note that this program is not available to:
- Commercial properties
- Co-ops or condos
- Residential properties with four or more units
- Vacant lots
If your property fits one of these categories, you’ll need to repair the sidewalk yourself.
How to Apply for Free Repairs
For eligible properties, the first step is to request an inspection. You can do this by either:
- Using the NYC Street Tree Map online
- Calling 311 for an inspection request
The city only inspects a location once every three years, so make sure you haven’t already requested an inspection recently. Once the inspection is complete, an inspector will determine if the damage qualifies for free repair. If your site is approved, the city will dispatch a crew to carry out the repairs.
How to Repair Sidewalk Damage Yourself
If you are not eligible for the free repair program, or if you want to get the repairs done quickly, you may need to take matters into your own hands. Here’s the step-by-step process for repairing the sidewalk yourself:
Make sure to hire a licensed contractor who understands NYC’s specific sidewalk repair regulations. They will carry out the work according to city guidelines and ensure the job is done properly.
Before any work can begin, you’ll need to apply for two permits:
- Tree Work Permit, issued by the NYC Parks Department, this allows work near or around city-owned trees.
- Sidewalk Construction Permit issued by the NYC Department of Transportation (DOT), this authorizes sidewalk repair or replacement work.
Once the permits are approved, your contractor can begin repairs. These repairs often involve removing the damaged concrete and replacing it, while also ensuring the tree’s health is preserved.
If you believe the sidewalk damage was caused by a city-owned tree, you can file a claim with the NYC Comptroller’s Office within 90 days of completing the repair. Keep in mind that filing a claim does not guarantee compensation, but it’s worth doing if the damage was caused by a city tree.
What’s Involved in the Repair Process?
When a sidewalk repair is done, it’s not just about patching things up. The city uses specific techniques to ensure the repair is done in a way that promotes tree health and sidewalk longevity. Repairs typically involve:
- Removing the damaged concrete
- Expanding the tree’s growing space to prevent further damage
- Re-pouring concrete in the damaged area
This approach ensures the sidewalk is durable, and the tree is not harmed in the process.
What If You’re Selling or Refinancing Your Property?
If you’re in the process of selling or refinancing your property and there’s a sidewalk lien caused by damage from a city tree, you can request a re-evaluation. The NYC Department of Transportation (DOT) will review the violation to determine if the damage was solely due to city-owned tree roots. If confirmed, the lien may be canceled.
To expedite this process:
- Provide proof that your property is in contract to be sold or refinanced.
- You can submit a request to have the lien removed by contacting the DOT either online or by mailing your request directly to their office.
Conclusion
Sidewalk damage caused by tree roots is a common issue in NYC, but understanding your responsibilities and options is crucial for property owners. If you live in a one-family, two-family, or three-family home, you may be eligible for free repairs through the city’s Trees & Sidewalks Program. However, if you’re not eligible or need repairs done quickly, hiring a licensed contractor and obtaining the necessary permits is the best course of action.
Taking prompt action to repair sidewalk damage not only helps you avoid fines and legal issues but also ensures the safety of pedestrians. Regular maintenance and early repairs can save you time, money, and frustration down the road. If you need any guidance or help with the process, don’t hesitate to reach out to a trusted contractor who understands the city’s requirements.
