Assembly Bill A9141

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9141
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Local Governments
 
 AN  ACT  to  amend  the  town law, in relation to prohibiting towns from
   assigning sidewalk maintenance obligations to private property  owners
   in certain instances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200-a of the town law, as amended by chapter 25  of
 the  laws  of 1980, the closing paragraph as added by chapter 255 of the
 laws of 1991, is amended to read as follows:
   § 200-a. Construction and repair of sidewalks  pursuant  to  order  of
 town  board. 1. Whenever the town board shall have adopted an ordinance,
 rule or regulation pursuant to the provisions of article  nine  of  this
 chapter,  describing how sidewalks shall be built in such town, the town
 board may adopt orders from time to time, directing the  owners  of  the
 respective lots and parcels of land abutting on any street, or, in towns
 of  the  first  class,  with the consent of the county superintendent of
 highways or the state commissioner of transportation, as  the  case  may
 be,  abutting  on a county or state highway within the town, along which
 it is desired that sidewalks be built, relaid or repaired, to  construct
 the same to conform with such ordinance, rule or regulation, and specify
 the time within which the same shall be done.  The town clerk shall give
 notice  thereof  by certified mail addressed to each such owner at [his]
 THEIR address as it appears upon the assessment roll of such town or, in
 the alternative, by publication of a  notice  thereof  in  the  official
 paper  at  least twice, the first publication of which shall be at least
 fifteen days before the time specified for the completion of  the  work.
 If,  within  the  time prescribed in the order and notice, the sidewalks
 required to be built, relaid or repaired shall not have been  so  built,
 relaid  or  repaired,  then  the board may cause the same to be done and
 audit and pay the expense of doing the same and assess the expense ther-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13509-01-5
              

 A. 9141                             2
 
 eof against the property benefited as a whole, or any five or less annu-
 al installments, in the same manner as street  improvements  constructed
 pursuant to section two hundred of this [chapter] ARTICLE.
   2.  If  such  expense  be  assessed  in  installments,  there shall be
 assessed as part of each installment, except the first, as interest,  an
 amount  not  exceeding  six per cent of such installment such rate to be
 fixed by the town board in the order providing for the  assessment.  The
 provisions of law applicable to the sale of tax liens shall apply to any
 unpaid assessed installment with the interest thereon in the same manner
 as  though such installment and interest had been assessed as an assess-
 ment payable as a whole. Unassessed installments shall be prepayable  at
 any  time  with interest computed thereon at the aforesaid rate from the
 date of assessment of the first installment to the date  of  payment  of
 the particular installment.
   3.  If  such  expense be assessed as a whole and the town board resol-
 ution assessing such expense against  a  particular  piece  of  property
 shall  so  provide,  the assessment against such property may be paid in
 five or less annual installments on the dates fixed by  such  resolution
 with  interest,  not  exceeding  six  per cent of each such installment,
 fixed by such resolution.
   4. The town board may adopt a local law apportioning  the  expense  of
 building,  relaying  or  repairing any sidewalk within such town between
 the town and owners of the respective lots and parcels of land  abutting
 any  street or county or state highway within the town along which it is
 desired that sidewalks be built, relaid or  repaired;  PROVIDED  THAT  A
 TOWN  BOARD  SHALL NOT ADOPT ANY ORDINANCE, RULE OR REGULATION ASSIGNING
 SIDEWALK MAINTENANCE OBLIGATIONS TO PROPERTY OWNERS WHERE SUCH  SIDEWALK
 ADJOINS A COUNTY HIGHWAY, OR WHERE THE SIDEWALK IS NOT DIRECTLY ACCESSI-
 BLE FROM SUCH OWNER'S PROPERTY.
   §  2.  Subdivision 4 of section 130 of the town law is amended to read
 as follows:
   4. Sidewalks. Regulating the manner  of  construction,  reconstruction
 and  repair  of  sidewalks, the materials to be used, the grades and the
 widths thereof  and  prohibiting  any  construction,  reconstruction  or
 repair  which does not comply with such regulations; requiring the owner
 and occupant of premises abutting on any street  where  a  sidewalk  has
 been  laid,  EXCEPT  A  SIDEWALK  ABUTTING A COUNTY HIGHWAY OR WHERE THE
 SIDEWALK IS NOT DIRECTLY ACCESSIBLE FROM SUCH OWNER'S PROPERTY, to  keep
 the  sidewalk  in front of such premises, free and clear from snow, ice,
 dirt and other obstructions and upon default  thereof  provide  for  the
 removal  thereof  at the expense of the owners of such premises and that
 such charge shall become a lien upon  the  premises  benefited  thereby,
 until paid.
   § 3. This act shall take immediately.