NYC Administrative Code

§ 28-220.1 — Department penalty for sidewalk sheds occupying the public right-of-way for an extended period.

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What is NYC AC § 28-220.1?

Quick Answer

This section establishes penalties for building owners with sidewalk sheds occupying the public right-of-way for extended periods without ongoing work. Penalties vary based on the duration the shed has been in place and are assessed by the Department of Buildings. Applies to building owners renewing sidewalk shed permits.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-220.1 Department penalty for sidewalk sheds occupying the public right-of-way for an extended period.

AC § 28-220.1

Beginning with the second renewal, every renewal of a permit for a sidewalk shed installed in the public right-of-way issued after the effective date of the local law that added this section shall require the building owner to conduct work to address the condition for which the sidewalk shed permit was issued, as determined in accordance with the rules of the department, during the period of time for which such renewal of the permit is issued. Where work is not in progress during such period of time, the building owner may be liable for a penalty, as determined in accordance with this section, which shall be payable prior to the renewal of such permit. Penalties shall be assessed by the department as set forth in items 1 through 3.

1.Where a sidewalk shed is in existence for less than 3 years, the penalties shall be assessed at $10 per linear foot of sidewalk shed per month in which work was not in progress during the term of such renewal.

2.Where a sidewalk shed is in existence for 3 years but less than 4 years, the penalties shall be assessed at $100 per linear foot of sidewalk shed per month in which work was not in progress during the term of such renewal.

3.Where a sidewalk shed is in existence for 4 years or more, the penalties shall be assessed at $200 per linear foot of sidewalk shed per month in which work was not in progress during the term of such renewal, provided that penalties shall not exceed $6,000 per month. Exception: Department penalties for sidewalk sheds in the public right-of-way shall not apply to one- or two-family homes or to sidewalk sheds that are installed in connection with new building, enlargement, or demolition work for which a permit has been issued. (L.L. 2025/048, 4/17/2025, eff. 1/12/2026) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2025/048.

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