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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Weeksville
1275 Sterling Place
$2,500No Fee
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Fort Hamilton
9031 Fort Hamiltn Parkway
$2,200No Fee
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Ditmas Park
296 East 16th Street
$1,600No Fee
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1
Bedford-Stuyvesant
217 Macon Street
$2,395No Fee
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Bushwick
114 Jefferson Street
$2,200No Fee
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Kensington
260 Ocean Parkway
$2,295No Fee
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Midwood
1215 Avenue M
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Crown Heights
807 Saint John’s Place
$2,400No Fee
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Flatbush
2823 Snyder Avenue
$2,437No Fee
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Sunset Park
761 44th Street
$2,350No Fee
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Bedford-Stuyvesant
740 Myrtle Avenue
$2,285No Fee
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Bay Ridge
254 73rd Street
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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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South Harlem
21 West 118th Street
$2,425No Fee
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Hell’s Kitchen
409 West 50th Street
$2,395No Fee
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East Harlem
234 East 119th Street
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East Harlem
428 East 117th Street
$2,175No Fee
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Fort George
112 Nagle Avenue
$1,950No Fee
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Lenox Hill
1450 First Avenue
$2,200No Fee
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Gramercy Park
346 East 20th Street
$2,195No Fee
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Kips Bay
139 East 27th Street
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Central Harlem
273 West 131st Street
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Central Harlem
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Central Harlem
251 West 139th Street
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East Village
234 East Seventh Street
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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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112-15 72 Road
$1,945No Fee
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Ditmars-Steinway
42-11 Astoria Boulevard N
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Astoria
35-48 35th Street
$2,495No Fee
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Astoria
31-19 36th Street
$1,995No Fee
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Rego Park
64-74 Saunders Street
$2,000No Fee
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Jamaica Estates
178-10 Wexford Terrace
$2,395No Fee
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Sunnyside
41-08 43rd Avenue
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Flushing
29-05 160th Street
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Ditmars-Steinway
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Astoria
27-35 21st Street
$2,400No Fee
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Astoria
35-25 32nd Street
$1,875No Fee
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1
Ditmars-Steinway
22-18 42nd Street
$2,099No Fee
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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.