Evans, N.Y., Code of Ordinances ch. 158 (eCode360 ed. 2026) § 158-74
Notice of intent to vacate
Operative Text
Whenever the Building Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use, as provided in § 158-73 , he may include such finding within the notice of violation provided for in § 158-66 of this chapter. He may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.
Under Evans, N.Y., Code of Ordinances § 158-74, when the Building Inspector finds that a dwelling, dwelling unit, rooming house, rooming unit, or premises is unfit for human habitation or use, that finding can be incorporated into a formal notice of violation. The same notice may also signal the Inspector's intent to vacate and placard the property if the cited violations are not corrected within the stated timeframe. This provision establishes a two-step warning mechanism: first a violation notice, then a potential vacate order if compliance is not achieved.
Plain English — not legal advice.
Property owners and managers subject to Evans, N.Y., Code of Ordinances § 158-74 should understand that a single notice of violation may carry two distinct consequences: a finding of unfitness for habitation and a stated intent to vacate and placard the property. Compliant operators generally treat any notice of violation as a time-sensitive document, tracking the compliance deadline carefully and completing all required remediation before that deadline expires. Failing to act within the specified period can trigger the Building Inspector's authority to formally vacate and placard the dwelling, which typically halts occupancy and may have significant operational consequences.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Evans, N.Y., Code of Ordinances § 158-74, tenants living in a dwelling that has been found unfit for human habitation have a right to know that the Building Inspector can issue a notice of violation that also signals an intent to vacate and placard the property if repairs are not made in time. If you receive or become aware of such a notice, tenant-rights organizations and local housing agencies can help explain what the vacate process means for your occupancy rights. Tenants may also be able to raise an unfit-conditions finding as relevant context in housing court proceedings or other enforcement avenues available under Evans's housing code.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation