Dear Friend,

I have spent the past several days walking the streets of the neighborhood with our office interns and alone, observing the orange markings NYC DOT has been placing on the sidewalks of homeowners. These indicate DOT will be shortly replacing the marked sidewalk flags/slabs and may be billing homeowners.

I advise owners to immediately take photos of their sidewalks so that they can challenge any billings which may not be the responsibility of homeowners.

The homeowner is not responsible for the cost of repairs in the following circumstances:

(1) curb replacement; (2) replacement of lifted sidewalks caused by a city tree for one to three family homes; (3) replacement of damaged sidewalk caused by a city agency or city contractor or their agents; (4) replacement of corner sidewalks for installation of slip-free intersection ramps; (5) sidewalks which do not have a substantial defect required for issuance of violation; (6) replacement of sidewalk slabs which are not substantially defective but which may be a different color or texture or age than adjoining slabs replaced; (7) sidewalks damaged by installation of a city pole or repaving work.

On my tour of neighborhood streets I have observed sidewalks some of which have been marked and which meet the above criteria under which the owners should not be required to pay the cost. The city has sent the homeowners inspection charts where a large “X” marks the slabs for which the city does not intend to bill the homeowner. However, unless the homeowner takes photos before the work has been done there will be no way to challenge the billing if the homeowner is charged with costs they should not have been charged.

My office at 155 Kings Highway (tel. 718-236-1598) will continue to help homeowners protect their rights in this and other issues. Please feel free to contact us if you have questions or need any help. My office is there to help you.

Very Truly Yours,
William Colton, 47 AD