Filing Against the City: Special Considerations for Claims vs. NYCHA or DOT

Filing Against the City: Special Considerations for Claims vs. NYCHA or DOT

Filing a claim against a private property owner in New York City can already feel complex—but when the City of New York or a government agency like the NYC Housing Authority (NYCHA) or Department of Transportation (DOT) is responsible, the process becomes even more complicated.

At Hill & Moin LLP, our attorneys have decades of experience representing New Yorkers who’ve been injured on public property, city sidewalks, or inside NYCHA-managed buildings. Unlike standard personal injury cases, claims against municipal entities come with strict deadlines, specific filing requirements, and unique investigative procedures that can determine whether your claim succeeds or fails.

Understanding how and when to file your Notice of Claim is one of the most critical parts of protecting your rights.

Common Causes of Claims Against NYCHA and the DOT

Two of the most common agencies involved in injury-related claims are NYCHA and the New York City Department of Transportation. Each has its own responsibilities and potential liabilities.

1. NYCHA (New York City Housing Authority)
   NYCHA manages thousands of public housing properties across the city. Unfortunately, many residents and visitors face unsafe conditions such as:

• Broken staircases and inadequate lighting
• Leaking ceilings and mold growth
• Poorly maintained sidewalks or entryways
• Defective elevators or missing handrails
• Negligent security leading to assaults or thefts

When NYCHA fails to repair hazardous conditions or ignores complaints, the agency can be held liable for resulting injuries under New York law.

2. NYC Department of Transportation (DOT)
   The DOT is responsible for maintaining city streets, crosswalks, traffic signals, and sidewalks. Common DOT-related injury claims include:

• Trip and fall accidents on cracked or uneven sidewalks
• Pedestrian accidents caused by malfunctioning traffic lights
• Bike lane or road defects leading to crashes
• Construction hazards not properly marked or secured

In both cases, the city owes a duty of care to maintain safe premises and infrastructure for the public. When that duty is breached, victims may be entitled to financial compensation for medical expenses, lost earnings, and pain and suffering.

Step 1: Filing a Notice of Claim

Before you can sue the city or any municipal agency, you must first file a Notice of Claim. This is not optional—it’s a legal requirement under New York’s General Municipal Law §50-e.

Your Notice of Claim must:

• Be submitted within 90 days of the injury or accident
• Include the date, time, and location of the incident
• Describe how the injury occurred
• Identify the municipal entity responsible (e.g., NYCHA or DOT)
• Outline the nature of your injuries and damages sought

Failure to file this notice within the deadline can result in your case being dismissed entirely—no matter how severe your injuries are.

Once your claim is submitted, the city has the right to investigate, which may include reviewing medical records, video evidence, or incident reports.

Step 2: The 50-H Hearing

After your Notice of Claim is filed, the city may schedule a 50-H hearing, which is essentially an interview conducted by city attorneys. You’ll be asked questions under oath about the accident, your injuries, and any evidence you’ve gathered.

This hearing is similar to a deposition, and it’s crucial to have your attorney present to protect your interests. Statements made during a 50-H hearing can impact your case later, especially if the city attempts to dispute your version of events.

Step 3: Filing the Lawsuit

Once the 90-day notice period has passed and your claim has been reviewed, you may proceed with filing a lawsuit against the responsible city agency.

The statute of limitations for most personal injury claims against the city is one year and 90 days from the date of the accident. However, cases involving wrongful death or property damage may have different timelines.

Your attorney will gather key evidence such as:

• Incident reports and repair requests to show prior knowledge
• Photographs and videos of the hazardous condition
• Witness statements from residents or passersby
• Maintenance logs proving the city was aware of the danger

With this documentation, your personal injury lawyer can demonstrate that NYCHA or the DOT was negligent, that their negligence caused your injuries, and that you deserve compensation.

Key Differences Between City and Private Claims

Filing a claim against the city differs from suing a private property owner in several important ways:

Aspect	Private Property Owner	City or Municipal Entity
Deadline to File	Up to 3 years for personal injury	90 days to file a Notice of Claim
Entity to Notify	Directly to property owner or insurance company	Must serve proper city department (e.g., Comptroller, NYCHA, or DOT)
Investigation	Conducted by private insurers	Conducted by city investigators
Legal Representation	May negotiate directly	Must comply with strict procedural rules
Risk of Dismissal	Missed deadlines can be appealed	Late filings are rarely excused

Because of these complexities, even a small mistake in the claims process can lead to a denied claim or lost compensation.

What Makes NYCHA Claims Especially Challenging

Claims against NYCHA can be particularly difficult due to the agency’s size and bureaucratic processes. Many residents report delays, lost paperwork, or unresponsive management when trying to report hazardous conditions like broken steps, leaks, or defective wiring.

If you’ve been injured in a NYCHA property, it’s important to:

• Report the condition immediately to building management.
• Request and keep a written copy of your complaint or maintenance request.
• Take photos of the hazard and any visible injuries.
• Document all communication with NYCHA staff or management.

Your lawyer can then use this documentation to prove that NYCHA owed a duty to repair the condition and failed to act, leading to your injuries.

Common Mistakes That Jeopardize City Claims

Even legitimate cases can be undermined by avoidable mistakes. Here are the most common pitfalls to avoid when filing a claim against the city:

1. Missing the 90-Day Filing Deadline
   Even if you have severe injuries, late filings are rarely accepted. Always contact an attorney as soon as possible after the accident.
2. Filing the Notice With the Wrong Agency
   If your injury occurred on NYCHA property, your claim must be filed with NYCHA—not DOT or another department.
3. Incomplete Documentation
   Missing evidence, medical records, or inaccurate details in your claim can lead to denial.
4. Communicating Directly With City Representatives
   Always let your attorney handle all city correspondence and settlement discussions.
5. Failing to Seek Immediate Medical Care
   Medical documentation not only protects your health—it’s also vital evidence of the severity of your injuries.

Types of Compensation You May Be Entitled To

If your claim is successful, you may recover compensation for:

• Medical expenses and ongoing treatment costs
• Lost income or future earnings
• Pain and suffering
• Emotional distress
• Property damage if applicable

Each case is unique, and damages depend on the extent of your injuries, the evidence gathered, and whether the city’s negligence was clearly established.

Get Legal Help From Hill & Moin LLP

Filing a claim against NYCHA, the Department of Transportation, or any New York City agency is not something you should try to handle alone. The laws are complex, the deadlines are short, and the city will have lawyers working to protect its interests—not yours.

At Hill & Moin LLP, we’ve successfully represented New Yorkers injured by city negligence for decades. Our legal team knows how to meet deadlines, gather evidence, and navigate the city’s administrative process to help you recover the compensation you deserve.

If you or a loved one were injured on NYCHA property, a city sidewalk, or in an accident caused by poor maintenance or design, our firm can help.

Call Hill & Moin LLP today at (212) 668-6000 for a free consultation. We’ll review your case, explain your rights, and help you take the next step toward justice and fair compensation.