Practice point: There is an exemption from personal iability for failure to maintain the sidewalk if the property is a "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes," pursuant to Administrative Code of the City of New York § 7-210[b].
While the statute does not expressly contain a primary residence requirement, the term "owner occupied" generally is used to mean that the owner regularly occupies the property as a residence. The legislative history shows that the exemption recognizes the inappropriateness of exposing small-property owners in residence, with limited resources, to exclusive liability regarding sidewalk maintenance and repair.
Student note: The statute is to be strictly construed as creating liability in derogation of the common law.
Case: Kalajian v. 320 E. 50th St. Realty Co., NY Slip Op 07225 (1st Dep't October 17, 2017)
Here is the decision.
