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Homeowners are legally responsible for maintaining the sidewalks adjacent to their properties under NYC laws; however, ignoring defects and delaying the repair process over the fixed time framework can become a problem for the future. The city can step in and fix the sidewalk issue on its own and place a lien on your property for refinancing the repair cost.
Receiving a sidewalk lien may seem a minor matter to property owners at first glance, but it can pose financial and real estate issues in the future. Let’s unfold these critical aspects in detail.
The sidewalk lien is a legal claim placed on you for reimbursement of repair costs. Under the city codes, property owners are legally responsible for maintaining and fixing the sidewalks adjacent to their properties. The DOT conducts regular sidewalk inspections and if they find any sidewalk to be defective, a sidewalk violation notice is issued. However, if the property owner fails to repair the sidewalk within the given 75 days time span, the city may step in and repair the issue on its own. A lien is placed on the concerned property by DOF (Department of Finance) for refinancing the sidewalk repair cost.
The property owners can face challenges in reselling or refinancing their properties in the future if they still fail to remove the sidewalk lien.
The lien may show up when the buyers or lenders are searching online; if so, they would need the lien to be removed or cleared before you can transfer the property. This results in a delay of real estate transactions.
The lien amount is usually the total cost of the city’s repairs, depending on the job size. Property owners are supposed to pay the bill within 90 days; if they fail to do so, interest will start accruing. Moreover, NYC law allows DOT to add up to 20% administrative cost on top of the repair cost when the lien is placed.
There is no direct penalty for sidewalk violation except for repair cost and interest if not fixed promptly. However, under NYC law, if someone falls and gets injured while walking on a sidewalk, the property owner is liable for the injuries that occurred and the medical bills.
The most common reason is ignoring sidewalk violation notices and sidewalk fixes.
Keeping everything on time is the key; if you delay the permit request or dismissal inspection, it can keep the lien active.
In the case of a severely damaged or collapsed sidewalk, the city allows 10 days to fix the issue; if the property owners fail to perform it within the given time, the city can act The company will independently send the bill to homeowners; if the homeowners don’t pay the bill, a lien will be placed on the property.
In case of nearby construction or tree roots causing damages, the property owners are still required to address the issue. Ignoring such defects can lead to sidewalk violations and eventual liens.
Here are some steps you can take as a property owner to get rid of the lien:
In New York City, sidewalk liens are a real and serious risk for property owners who neglect sidewalk repairs. According to the law, every property owner is responsible for repairing and maintaining the sidewalk adjacent to their property. However, ignoring sidewalk violations means that the city will repair the sidewalk on its own and place a lien on your property. A lien can make the sale or refinancing challenging and difficult. However, the positive aspect is that liens can be prevented; the key is to act quickly by hiring a licensed contractor, obtaining a DOT permit, and repairing the damage immediately! These steps can offer peace of mind and protect your property from serious liabilities.