New York City's Nov. 29 deadline for dining shed removal has arrived

The sheds, shacks, huts and other roadway enclosures that encompass New York City’s outdoor dining scene must all be down by Friday, under rules that helped catalyze a 75% decline in eateries offering dining al fresco.

Nov. 29 of each year is the last day that the structures are allowed under the outdoor dining program, which began as an emergency stopgap, in 2020, during the most severe year of the COVID-19 pandemic and lockdowns and was extended for years. 

The rules, passed earlier this year, make the roadway portion of the program seasonal instead of year-round, restrict the enclosures' designs and impose a fee schedule.

To some an oasis of urbanism that breathed new life into the streetscape and to others an eyesore and a noisy nuisance, the spots will largely return to parking. Newsday reported in 2021 that of roughly 3 million parking spots citywide, about 10,000 were being used for outdoor dining.

While the structures can go back up each April 1, most eateries have opted not to bother, since the structures would need to be stored during the offseason and other bureaucratic hurdles.

At the program’s apex, there had been about 12,000 establishments offering outdoor dining. When the city added new rules, including standardizing structures and a fee schedule, the number declined.

The latest statistics show about 3,000 — 1,574 are for sidewalk chairs and tables; 739 are for setups in the roadway, such as sheds; and 674 are for both, according to Nick Benson, a spokesman for the city Department of Transportation, which administers the program.

Friday’s deadline doesn’t stop eateries from offering the sidewalk cafés, but unlike during the pandemic, venues must apply and pay fees.

"Increased regulation has, naturally, reduced participation in outdoor dining. The permanent program introduces new fees, and rightfully so — just like vehicle parking, outdoor dining is the private use of public space," Dominic Sonkowsky, who cowrote a study in 2022 while at New York University showing that pandemic-era outdoor dining program led to a 12-fold increase in participation in outdoor dining, said in an email.

"Outside of emergencies like the pandemic, there should be a charge, and some restaurants cannot and will not pay those fees," Sonkowsky said. "Roadway cafés are now seasonal — and many restaurants do not have storage space available for the offseason."

New Jersey went a different route than New York City, legalizing its outdoor dining program year-round.

Benson has said that even before the city’s regulations were announced, an unknown number of the establishments had already removed  their roadside setups, gone out of business or otherwise opted not to continue offering outdoor dining.

Asked earlier this month whether he feels responsible for the drop off, Mayor Eric Adams balked.

"Anytime you execute something new, there's a slow startup. Some people are still getting through the application process. Some people say, ‘Do I still want to do the outdoor dining? Is it still profitable, etc.?’ And then it moves forward. But to all of a sudden say, well, OK, it's a drop-off, so now you have to take the blame. No, no, I don't."

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.