A 1907 law exempts New York City from paying out damages on the 4,703 claims made for flooding damage from the remnants of Hurricane Ida in September 2021, according to city officials.
The storm killed at least 13 people on Sept. 1, 2021, and record rainfall swiftly soaked sewers, which overflowed and flooded people’s homes.
The claims allege that city negligence led to the sewers overflowing and the flood damage. A 1907 legal precedent, however, is the crux of NYC Comptroller Brad Lander’s denial of these claims.
The 115-year-old ruling in Holzhausen v. New York established that “municipalities across the state of New York, including the City of New York, are not liable for damage from ‘extraordinary and excessive rainfalls,’” per the letter Mr. Lander sent to those who filed claims, as cited by Bloomberg.
“As a result, the City of New York is not responsible for losses arising from Hurricane Ida, and your claim must be denied,” the letter concluded.
Queens Borough President Donovan Richards blasted the move, which impacted many of his constituents.
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“This decision — which I encourage homeowners to explore their options about — is an unfortunate encapsulation of the city’s negligence and sheer failure when it comes to extreme weather preparedness,” Mr. Richards told the new site The City.
Rep. Grace Meng, New York Democrat, excoriated the denial of the claims, saying on Twitter that her constituents don’t have time for a “blame game.”
NYC/NYS should use the billions of infrastructure $ we in Congress secured to fix our sewer infrastructure. New Yorkers experience flooded homes even without “excessive rain”. My constituents, including the families of those who died don’t have time for this blame game. https://t.co/J3UEAg5muu
— Grace Meng (@Grace4NY) August 17, 2022
New York residents expressed anger over Mr. Lander’s letter, especially when juxtaposed against promises of aid to the victims of the remnants of Hurricane Ida.
“The city did what they wanted for the news and popularity. The city has failed us before so I’m very sure there’s no more help,” said New Yorker Jennifer Mooklal.
The denied claimants have until the end of November to file a suit against New York City for damages incurred, according to Bloomberg.
• Brad Matthews can be reached at bmatthews@washingtontimes.com.
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