In a major win for city homeowners, Mayor Bill de Blasio announced today the city will no longer issue violations to homeowners for sidewalk damage caused by city trees.
The announcement was made in conjunction with Assembly Speaker Carl E. Heastie (D-Bronx), but as the issue is clearly within city and not state jurisdiction, it is unclear at post time what role Heastie or the assembly played in this policy change. KCP sent emails to de Blasio’s press office for clarification. They were not given at post time.
The issue has long put homeowners out on a financial limb for damage that tree roots cause to the sidewalks in front of their homes. Complicating the issue is that all trees on the street side of the sidewalks (as are the sidewalks) in front property owners homes technically city property. The maintenance of the trees is split between the city Parks Department and the Department of Transportation (DOT).
However, until today’s announcement, property owners were responsible for any damage caused when tree roots lift up the sidewalk in front of the homeowners’ property.
“We’re not just fixing broken sidewalks – we’re fixing a broken system,” said de Blasio, who owns two homes in Park Slope. “We tripled funding for tree-related sidewalk repair, but homeowners were still on the hook for problems they didn’t create. As a homeowner, I know how frustrating that is. Now, if a street tree causes damage, we’re taking care of it.”
With the announcement, the city will also stop imposing liens on one, two and three family properties that have sidewalk damage caused solely by city trees. DOT and the Parks Department will still inspect for dangerous sidewalk conditions, but the city, not the homeowner, will be responsible for fixing them if they are exclusively tree related.
DOT will review the 50,000 existing notices of violation to determine which were caused exclusively by street trees and cancel the lien for any that meets the criteria. If the homeowner of the qualifying property is selling or refinancing their home, the city will expedite this re- evaluation.
In 2005, the Parks’ Department “Trees & Sidewalks” program was created to benefit homeowners of one to three family homes by repairing severely damaged sidewalks impacted by street tree growth. Today’s announcement builds upon the $16 million funding increase for the Trees and Sidewalk Repair Program in 2017. This tripled available funding and expanded Parks’ capacity to conduct inspections and sidewalk repair. There are approximately 5,500 high priority damaged sites that will be repaired by the end of FY ‘22. After that, the worst sidewalk conditions caused by street trees will be repaired within 12 months.
The news was treated with great relief from a number of borough lawmakers that have many homeowners in their districts.
“The new sidewalk repairs policy is great news for all property owners, including in southern Brooklyn, who have borne the burden of costly repairs and slammed with unfair violations. Thanks to Assembly Speaker Carl Heastie and Mayor de Blasio for acting to give property owners some much-needed re-leaf from this deep-rooted problem. This will create safer sidewalks and less stress for many New Yorkers,” said State Sen. Andrew Gounardes (D-Bay Ridge, Dyker Heights, Bensonhurst, Bath Beach, Gravesend, Gerritsen Beach, Manhattan Beach, Marine Park).
“Homeowners have enough on their hands to deal with than being fined for damage to sidewalks caused by city-owned trees. The Trees and Sidewalks program will help repair sidewalk damage, improve pedestrian safety and take the responsibility away from homeowners who pay enough for other needed household and property repairs. I commend this new effort,” said Assistant Speaker Felix W. Ortiz (D-Sunset Park, Red Hook).
“With so many one-, two- and three-family homes in my district, this is a great benefit for the thousands of homeowners who have been subjected to unwarranted violations from the City,” said Assembly Member Steven Cymbrowitz (D-Sheepshead Bay, Manhattan Beach, Brighton Beach0.”
“Fining homeowners for damage caused by city trees was wrong and I am happy that Mayor de Blasio has acknowledged the unfair policy and is changing it,” said Assembly Member Nicole Malliotakis (R-Bay Ridge, Staten Island.
Also expressing delight with the news were Assemblymembers Nick Perry and Jo Anne Simon, and City Council Members Rafael Espinal, Mathieu Eugene, Farah N. Louis, Antonio Reynoso and Mark Treyger.
