Assemblyman Dov Hikind (D-Brooklyn) recently met with officials from the NYC Department of Parks and Recreation to figure out a simple question that has had him and his constituents stumped: who is responsible for repairs to the damaged sidewalk in front of a homeowner’s property? There does not seem to be a simple answer to this question, frustrating many of Hikind’s constituents, whose sidewalks have been uprooted and damaged by city-owned trees. The result is a potentially dangerous situation for pedestrians who are at risk of falling and can sue the homeowner. Instead, residents have stumbled upon a bureaucratic nightmare involving two city agencies, forcing them to shell out thousands of dollars in repairs.

Hikind met with the Brooklyn Parks Department’s Jamey Hewitt, Deputy Director of Operations and Andrew Ullman, Director of Forestry to clarify the situation. The root of the problem is that jurisdiction is shared between the Department of Transportation and the Parks Department. In some cases, the Department of Transportation issues a violation notice to residents regarding cracks in the sidewalk. The Parks Department, meanwhile, is responsible for fixing sidewalks damaged by city tree roots, but the program to make the repairs has a long waiting list and prioritizes by severity of the damage. Homeowners can wait years until their turn arises.

Hikind said, “The city is responsible for sidewalk repairs if the roots from a city-owned tree are damaging the sidewalk, but there are tremendous delays. If you trim the city-owned tree in front of your house, the city will right away issue you a violation. But if the tree damages your sidewalk, you end up waiting a very long time until the city will make repairs. In the meantime, this is a dangerous situation.”

In a letter to Hikind about these issues, Brooklyn Parks Commissioner Kevin Jeffrey wrote that eligibility for repairs to sidewalks damaged by curbside trees is “limited to one, two, and three family homes occupied by the homeowner” and that “sites are chosen based on a priority rating system and the work is completed at no cost to the property owner.” However, he added that “funding is limited and Parks can only repair those sites with the most severe damage.”

Another issue is tree roots entering and damaging sewer lines. In his letter, Commissioner Jeffrey wrote that, “This is likely the result of preexisting leaks in the pipe themselves” and that “maintenance and repair of sewer systems is the responsibility of the property owner.” However, homeowners who do spend money to clean their sewer lines or repair their sidewalks may be eligible for reimbursement. Parks suggests that homeowners file a claim with the NYC Comptroller’s office within 90 days by calling 212-669-8750 or writing to their office at One Centre Street, Municipal Building, Room 530, New York, NY 10017.

Meanwhile, Hikind continues to keep up the fight, saying, “This is simply an unacceptable situation for homeowners. I promise that I will get to the root of the issue.”

(YWN Desk – NYC)