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.
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Stuyvesant Heights
152 Marcus Garvey Boulevard
$2,300base rent
Studio |
0
Bay Ridge
7911 5th Avenue
$2,299base rent
2 |
1
Fort Hamilton
9316 3rd Avenue
$1,875base rent
1 |
1
Bensonhurst
1405 71st Street
$1,795base rent
1 |
1
Prospect Lefferts Gardens
131 Sterling Street
$2,500base rent
1 |
1
Crown Heights
711 Saint Marks Avenue
$2,500base rent
Studio |
1
Weeksville
1487 Sterling Place
$2,500base rent
1 |
1
Fort Hamilton
348 86th Street
$2,195base rent
1 |
1
Gravesend
265 Quentin Road
$1,995base rent
1 |
1
Stuyvesant Heights
821 Hancock Street
$2,499base rent
Studio |
1
Borough Park
1030 55th Street
$2,450base rent
1 |
1
Flatbush
2250 Clarendon Road
$2,500base rent
2 |
1
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.
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Lincoln Square
73 West 71st Street
$2,250base rent
Studio |
1
South Harlem
112 West 121st Street
$2,395base rent
Studio |
1
East Harlem
2133 3rd Avenue
$2,300base rent
Studio |
1
Upper West Side
216 West 100th Street
$2,350base rent
Studio |
1
East Harlem
2123 2nd Avenue
$2,400base rent
2 |
1
East Harlem
325 East 109th Street
$2,500base rent
2 |
1
Central Harlem
203 West 144th Street
$2,230base rent
2 |
1
Hamilton Heights
345 West 145th Street
$2,350base rent
1 |
1
Hamilton Heights
412 West 148th Street
$2,389base rent
1 |
1
East Harlem
155 East 99th Street
$2,300base rent
1 |
1
Yorkville
538 East 85th Street
$2,500base rent
Studio |
1
Central Harlem
2847 Frederic Douglas Boulevard
$2,495base rent
3 |
1
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
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Ditmars-Steinway
23-32 29th Street
$2,300base rent
1 |
1
Jackson Heights
34-10 84th Street
$2,150base rent
1 |
1
Elmhurst
41-40 Denman Street
$2,350base rent
1 |
1
Jackson Heights
34-33 90th Street
$1,800base rent
Studio |
1
Astoria
25-47 Steinway Street
$2,300base rent
1 |
1
Jamaica Estates
183-03 Hillside Avenue
$2,347base rent
Studio |
1
Hammels
141 Beach 95th Street
$1,950base rent
1 |
1
Elmhurst
41-40 Denman Street
$1,850base rent
Studio |
1
Kew Gardens Hills
79-25 150th Street
$2,500base rent
1 |
1
Ridgewood
60-63 Catalpa Avenue
$2,450base rent
1 |
1
Forest Hills
113-15 76th Road
$2,500base rent
1 |
1
Astoria
34-32 28th Street
$2,400base rent
1 |
1
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.