Relates to removing liability for sidewalk maintenance for cooperative apartment buildings, condominium buildings, nonprofit organizations and houses of worship.
STATE OF NEW YORK
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7113
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to removing liability for sidewalk maintenance for cooper-
ative apartment buildings, condominium buildings, nonprofit organiza-
tions and houses of worship
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions b and c of section 7-210 of the administrative
2 code of the city of New York, as added by local law number 49 of the
3 city of New York for the year 2003, are amended to read as follows:
4 b. Notwithstanding any other provision of law, the owner of real prop-
5 erty abutting any sidewalk, including, but not limited to, the inter-
6 section quadrant for corner property, shall be liable for any injury to
7 property or personal injury, including death, proximately caused by the
8 failure of such owner to maintain such sidewalk in a reasonably safe
9 condition. Failure to maintain such sidewalk in a reasonably safe condi-
10 tion shall include, but not be limited to, the negligent failure to
11 install, construct, reconstruct, repave, repair or replace defective
12 sidewalk flags and the negligent failure to remove snow, ice, dirt or
13 other material from the sidewalk. This subdivision shall not apply to
14 one-, two- or three-family residential real property that is (i) in
15 whole or in part, owner occupied, and (ii) used exclusively for residen-
16 tial purposes. This subdivision shall not apply to cooperative or
17 condominium apartment buildings nor shall this subdivision apply to real
18 property that is used as a house of worship, or real property that is
19 owned by a nonprofit, or real property used exclusively for nonprofit
20 purposes. For purposes of this section, the term "house of worship"
21 shall have the same meaning as defined in section 19-162.1 of this code.
22 c. Notwithstanding any other provision of law, the city shall not be
23 liable for any injury to property or personal injury, including death,
24 proximately caused by the failure to maintain sidewalks (other than
25 sidewalks abutting one-, two- or three-family residential real property
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13589-01-7
S. 7113 2
1 that is (i) in whole or in part, owner occupied, and (ii) used exclu-
2 sively for residential purposes; or sidewalks abutting cooperative or
3 condominium apartment buildings; or sidewalks abutting real property
4 that is used as a house of worship, or real property that is owned by a
5 nonprofit, or real property used exclusively for nonprofit purposes) in
6 a reasonably safe condition. This subdivision shall not be construed to
7 apply to the liability of the city as a property owner pursuant to
8 subdivision b of this section.
9 § 2. This act shall take effect immediately.