If you own property in Brooklyn, Queens or anywhere in NYC, you may have encountered the term “sidewalk lien.” But what does it really mean?
A sidewalk lien is a legal claim the City places on your property when you fail to repair sidewalk defects—such as cracks, uneven surfaces, or joint separations—within the time frame provided.
Under NYC law, property owners are responsible for maintaining the sidewalks adjacent to their property. If you do not complete the necessary repairs within 75 days of receiving a notice from the Department of Transportation (DOT), the City may carry out the repairs and then bill you for the cost. The City will also place a lien on your property to recover the expenses.
Allowing a sidewalk lien to remain unresolved can result in increased costs, legal complications, and delays in selling or refinancing your property. That’s why it’s important to address sidewalk violations promptly.
However, if you own and live in a 1-, 2-, or 3-family home that is not used for commercial purposes, and if the sidewalk damage was caused solely by City-owned trees, the DOT no longer issues Notices of Violation or places liens. This means you can sell or refinance your property without worrying about city-imposed repair costs for tree-related sidewalk damage.
Removing a sidewalk lien from your property records in New York City requires a series of organized steps. If left unresolved, a lien can affect your ability to sell, refinance, or insure your property. Here's how to go through the process clearly and efficiently.
Start by confirming whether a sidewalk lien has actually been filed against your property. This can be done by reviewing your property’s title report, contacting your local tax assessor’s office, searching the city’s public lien registry, or checking with your mortgage lender or title company.
You’ll want to gather important details like the lien filing date, the total amount owed (including any interest or penalties), and the contact information of the city department responsible for the lien.
Once the lien is confirmed, reach out to the municipal department that issued the lien—often the Department of Transportation or Department of Finance—and request all related paperwork. This includes the original Notice of Violation, any repair orders, contractor invoices, and proof that the city properly notified you. Review these documents carefully. Mistakes such as incorrect addresses, missing notifications, or unreasonable costs could be used to dispute the lien.
If you believe the lien was wrongly filed, you weren’t properly notified, or the charges seem excessive, consult with a property or real estate attorney. This is especially important if you’re planning to refinance or sell the property soon. An experienced attorney can help draft formal disputes, negotiate on your behalf, and ensure the lien is properly cleared from all legal records.
With your documents in hand, reach out directly to the city department that filed the lien. This could be the Department of Public Works, the Finance Department, or the Lien Enforcement Division. During your communication, remain professional and organized. Ask for a detailed breakdown of the charges, inquire about possible settlement options, and find out if you qualify for any hardship or abatement programs. If a payment plan is offered, ensure that it’s documented in writing.
If the lien is valid and negotiations aren't successful, you will need to pay the full amount. In some cases, partial settlements may be available, especially if you can demonstrate financial hardship or dispute parts of the repair. Always request a final payoff amount in writing and make your payments through traceable methods such as check, money order, or the city’s official payment portal. Keep all payment confirmations for your records.
After the lien is paid in full, request a Lien Satisfaction Certificate or a Release of Lien from the issuing city department. This official document proves that your debt has been cleared. You must then file this release with the County Recorder’s Office to update public records. Additionally, send a copy to your title insurance provider and mortgage lender to ensure that the lien is removed from all title documents and your financial records.
Sidewalk liens can become a serious burden for NYC property owners, especially when left unresolved. Whether caused by tree roots or general wear and tear, prompt repairs are essential to maintaining property value, avoiding legal issues, and ensuring pedestrian safety.
Removing a sidewalk lien involves careful documentation, communication, and sometimes legal assistance. Whether you're trying to clear the title before a sale or simply want to resolve outstanding property issues, acting promptly and following each step will help protect your property’s value and avoid complications in the future. Protect your property’s value, Schedule a free consultation with our sidewalk repair specialists.