Yes, Renters, You Must Shovel Your Sidewalk

2009_0127_snow.jpg A reader named Cali wrote in: "Any chance you could figure out what our responsibilities are as renters regarding snow removal in the District? I can't find anything and knowing my landlord he'll make something up." We'll refer any confused renters to our post on this subject from two years ago, which explains D.C. law regarding snow shoveling. It reads, "D.C. law requires residents to remove snow from sidewalks and steps within eight hours of daylight after the snow stops." The key word there is "residents." Rowhouse renters should not expect their landlord to show up with a shovel; you just have to get out there and clear the way. If you live in a big apartment building, you probably pay for a maintenance crew that will take care of this for you, but best to check with your building manager. The current forecast is calling for a second winter weather system to enter the D.C. area between 4-6 p.m. as light snow, and then change to sleet and freezing rain later tonight. Given the possibility that the freezing rain could create a hard shell of ice on top of the snow on the sidewalks, we'd recommend getting out there and taking care of business as soon as you get home from work. Put down a little salt while you're at it.

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Cali, you can contact me at ishovelforlove@gmail.com. I bet we can work something out.

Uh, if someone lives in a half-block-long apartment building, do they seriously expect all the residents to rally together with shovels.

i:"If you live in a big apartment building, you probably pay for a maintenance crew that will take care of this for you, but best to check with your building manager."

I forgot to include that I know of few management companies that will actually take care of that - in which case, who is responsible?

Here's the actual law itself --

D.C. Code ยง 9-601:

"It shall be the duty of every person, partnership, corporation, joint-stock company, or syndicate in charge or control of any building or lot of land within the fire limits of the District of Columbia, fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, within the first 8 hours of daylight after the ceasing to fall of any snow or sleet, to remove and clear away, or cause to be removed and cleared away, such snow or sleet from so much of said sidewalk as is in front of or abuts on said building or lot of land."

It's time like these that i'm Extra glad I live in Montgomery County. In MoCo, as in most of the U.S., it is the landlord's responsibility to clear snow from common areas.

Also, DC section 9-601 is apparently actionable only by the city. That is, the risk you run by not shoveling is getting a ticket from the city. But given that the D.C. government does pretty much everything half-assed, I wouldn't worry about it too much.

Renters, I believe, are also required to buy their own toilet paper, take out their own trash and host their own keggers in the backyard.

As a pedestrian often pushing a stroller, please shovel the sidewalk in front of you home whether you rent or own not because it is the law but because it is a decent thing to do. I do not know anyone who enjoys walking on ice let alone slipping on it. Its not like most DC homes have huge front sidewalks.

lol. That first sh*t was supposed to be a this. Darn dyslexia. So much for censoring myself.

Because clearly I have a shovel. Sigh...

Umm . . . buy one?

It seems to me that if you live in a large apartment building, the management company should be responsible. But I live in a rowhouse and I certainly don't expect my landlords to drive in from McLean just to shovel my walk.

Exactly, Mommyworks - don't do it because it's required, do it because it's the neighborly thing to do. Remember, you'll probably be walking on some of those neighbors' sidewalks.

That said, I don't really expect all renters to own snow shovels...

OK, so I went back and looked at the statute and the legislative history again. If you read the statute and the history carefully, it doesn't actually say that tenants must clear snow.

What is says is: "It shall be the duty of every person, partnership, corporation, joint-stock company, or syndicate in charge or control of any building or lot of land within the fire limits of the District of Columbia, fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, within the first 8 hours of daylight after the ceasing to fall of any snow or sleet, to remove and clear away, or cause to be removed and cleared away, such snow or sleet from so much of said sidewalk as is in front of or abuts on said building or lot of land."

The bolded bits are the important ones. Technically both the landlord and the tenant are responsible for clearing the snow. Neither the statute or legislative history makes clear which party bears primary responsibility.

However, my favorite part is D.C. code section 9-605. It states that "In the event of the failure of any person.. [to clear the snow]... it shall be the duty of the Mayor of the District of Columbia ... to cause the snow and ice in front of such building or lot of land to be removed."

That's right. If you don't shovel the sidewalk, it's the Mayor's problem. And perhaps even better, section 9-606 limits the penalty for failure to remove snow to $25.

So the bottom line is that D.C. laws are ridiculous. A owner or occupant must clear the snow, but if they don't, the Mayor's Office must do it, and they can't charge you more than $25 for the service. I think it might actually be worth the $25 to see D.C. government employees doing actual work.

If you want to have a look at the statutes in question, check out this link, or look here for the legislative history of 9-601.

I assume this applies to businesses too, right? Because those motherfuckers at the Marriott Wardman Park have a huge stretch of sidewalk fronting their property along Woodley Road, and they NEVER touch it. When confronted about it, they just play dumb, but never do anything about it.

Sorry about the link problems. If you want to read the statute online you can go here and search for "9-601."

Walking my dog this morning was interesting... kinda like the Iditarod. I wish that I didn't remove the snow from my steps last night because this morning there was just a thin sheet of ice. The areas of my sidewalk with snow underneath was actually easier to clear.

Is there some way to report non-compliers to the DC government?

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