Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-76
Premises unfit for human habitation
Operative Text
A. The Commissioner of Buildings may order a building classified as having a chronic history of violations unfit for human habitation pursuant to this chapter and further order that the same be vacated immediately. B. In such case, the Commissioner shall, pursuant to § 7-109 of the General Obligations Law , request the commencement of a proceeding or action by the New York State Attorney General to have a court of competent jurisdiction direct the financial institution(s) holding tenant security deposits of the building so classified to hold the same pending the outcome of the City's actions against the owner for the violations set forth herein. C. Tenants may bring legal action for damages against an owner classified as a chronic violator for constructive eviction as a result of unabated chronic violations. D. Tenants may bring legal action for damages and injunctive relief against an owner classified as a chronic offender for harassment and retaliation for tenants pursuant to relevant state statutes. E. The classification of a dwelling with a chronic history of violations shall be assertable as an affirmative defense, i.e., constructive eviction, against any action brought by the landlord for possession of the premises for nonpayment of rent. F. A tenant's choosing to bring civil action under this section is in addition to any other remedies available and shall not be construed as an election or waiver of the tenant's right to pursue any other remedies.
Under Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-76, the Commissioner of Buildings has authority to declare a building with a chronic history of violations unfit for human habitation and order it vacated immediately. When such a classification is made, the Commissioner is directed to work with the New York State Attorney General to protect tenant security deposits held by financial institutions while the City pursues action against the owner. Tenants in a classified building gain specific legal rights, including the ability to sue for damages based on constructive eviction, harassment, or retaliation, and to raise the chronic-violation classification as a defense in any landlord-initiated nonpayment eviction proceeding. Pursuing civil action under this section does not waive any other remedies a tenant may otherwise have.
Plain English — not legal advice.
Under § 149-76 of the Mount Vernon Code, a property that accumulates a chronic history of unresolved violations risks being formally classified as unfit for human habitation by the Commissioner of Buildings, triggering an immediate vacate order. Once that classification is made, the Commissioner is required to seek involvement of the New York State Attorney General to place tenant security deposits in a protected hold, limiting the owner's access to those funds during City enforcement proceedings. Operators who maintain properties in compliance with applicable codes and promptly abate violations generally avoid the chronic-violator designation that exposes them to tenant civil suits for constructive eviction, harassment, and retaliation under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 149-76 of the Mount Vernon Code gives tenants in buildings classified as chronic violators several distinct legal tools: the right to sue the owner for damages based on constructive eviction caused by unabated violations, and the right to seek damages and injunctive relief for harassment or retaliation under relevant state statutes. Importantly, if a landlord brings a nonpayment eviction proceeding, a tenant may raise the building's chronic-violation classification as an affirmative defense of constructive eviction. Choosing to pursue civil action under § 149-76 does not eliminate any other remedies that may be available; tenants seeking to understand their options can consult a tenant-rights organization or legal aid provider familiar with Mount Vernon housing law.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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