Snow Removal in NYC: Who Is Responsible, Landlord or Tenant?

It’s that time of year again: There’s snow in the forecast for NYC. Every winter, that raises a question that strikes fear into many New Yorkers’ hearts: “Do I have to shovel?” When the white stuff piles up on city sidewalks, especially in residential areas, who is responsible for snow removal in NYC? Is it tenants? Landlords? The city? We reveal who is responsible for what.

Rules for Snow Removal in NYC

Landlord-tenant law isn’t always perfectly clear about who is responsible for specific tasks. And that’s certainly true in the case of ice and snow removal in NYC. According to one local landlord-tenant lawyer, the final word on tasks like shoveling snow is the landlord-tenant lease agreement. 

“In certain settings,” says attorney Steven Smollens, “a tenant may become the responsible party for maintaining the sidewalk. The lease should state this responsibility.”

Often, large buildings with multiple tenants will use a property management company to take care of work like fixing appliances and leaks. They are also often tasked with clearing snow from the property. Be sure to check your lease to see if this applies to your building. 

NYC’s sanitation rules and regulations outline who is responsible for maintaining the sidewalks in front of buildings. They’re published by the New York City Department of Sanitation. The regulation states, “Every owner, lessee, tenant, occupant, or other person having charge of any lot or building must clean snow and ice from the sidewalks adjacent to their properties.”

Whoever is named responsible in the lease agreement should clear sidewalks of snow and ice without delay if at all possible. If ice is too hard to remove, you can sprinkle sand or rock salt on top to make it safer to walk on. 

Psst, is your apartment freezing cold? Get up to speed on NYC Heat Laws.

What’s the Penalty for Not Shoveling?

The rules are a bit complicated. How quickly snow must be cleared depends on what time of day the flakes stop falling. If the snow stops falling in the daytime, after 7 a.m. and before 5 p.m., it must be cleared within four hours. If it stops in the evening, between 5 p.m. and 8:59 p.m., it must be cleared within 14 hours. And if it stops overnight, between 9 p.m. and 6:59 a.m., it must be cleared by 11 a.m.

Failure to comply with required ice and snow removal in NYC can result in a fine for the owner of the building. This is true even if shoveling is spelled out in the lease as the tenant’s responsibility. If this is the case, Smollens says, the landlord can sue the tenant for the amount of the fine. City fine amounts are spelled out in the regulation as follows:

• $100–$150 for a first offense
• $150–$350 for a second offense
• $250–$350 for third and subsequent offenses

What if Someone Slips and Falls?

In terms of personal injury, accidents due to snowy, icy sidewalks are a serious liability. If someone is seriously injured after the 4-hour time limit has expired, the responsible party could be liable for hefty damages. In addition to being fined, they might also be sued by the injured party.

Smollens recommends that a tenant responsible for an entire building — i.e., they rent an entire townhouse — discuss liability issues with an insurance agent. If the tenant is not identified as the responsible party per the lease agreement, then the owner is liable for injuries, he says.

A building with multiple tenants might employ a superintendent or property manager who is responsible for clearing the sidewalks. Even if the building is serviced by a property manager, the city will likely fine the owner of the building. But, the owner could then pursue legal remedy from the management company.

Thus, any person who is injured may make a personal injury claim against both the owner and the management company for damages, Smollens says.