N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2089
Requirements for reoccupancy of vacant multiple dwellings (New York City Housing Maintenance Code)
Operative Text
a. In every multiple dwelling, where all apartments, suites of rooms and single room units, at any time after July fourteenth, nineteen hundred sixty-seven: (1) Became unoccupied for a period of sixty days or more, or (2) Were, or shall become, unoccupied by reason of having been vacated by the department under the provisions of the administrative code or any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall be unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with the applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is unoccupied, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department of buildings, where required, (2) such work has been completed by the owner and approved by the department or the department of buildings where required, (3) where required by the department of buildings, a new certificate of occupancy has been obtained, and (4) the department has inspected and determined that such dwelling is habitable and may be occupied. b. The provisions of this article shall not apply to: (1) any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the department for the elimination of interior rooms or the installation of sanitary facilities as required by the provisions of the administrative code or the multiple dwelling law, or (2) any multiple dwelling which is vacant or partly vacant by reason of being used as a summer resort dwelling as defined in paragraph fortysix of subdivision a of section 27-2004 of article one of subchapter one of this chapter, or (3) any old law or new law tenement for which no certificate of occupancy has been issued, two or more apartments are being combined to create larger residential units, the total legal number of families within the building is being decreased and the bulk of the building is not being increased. (Am. L.L. 2019/159, 9/14/2019, eff. 9/14/2021)
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2089, a multiple dwelling that has been entirely vacant for sixty or more days—or was vacated by city order due to unsafe or unhealthy conditions—cannot legally be reoccupied for residential use until it meets all applicable code requirements. Before residents may move back in, required plans must be filed and approved, the necessary work must be completed and inspected, and the city must formally determine the building is habitable. Certain situations are exempt, including buildings undergoing approved alterations, summer resort dwellings, and older tenements where apartments are being combined to reduce the total unit count.
Plain English — not legal advice.
Operators of multiple dwellings subject to §§ 27-2001 and 27-2089 generally ensure that any building vacant for sixty or more days—or previously vacated by city order—goes through a full compliance process before tenants return. This typically involves filing approved plans with the Department of Buildings, completing all required work, obtaining any necessary new certificate of occupancy, and securing a habitability determination from the department. Keeping thorough documentation of each step helps demonstrate that reoccupancy was lawfully authorized.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under §§ 27-2001 and 27-2089, tenants have a right to know that a previously vacant or city-vacated building has met all code requirements before they are permitted to move in. If a building was reoccupied without the required inspections, approvals, or habitability determination, that violation may be raised as a concern with the New York City Department of Housing Preservation and Development. Tenant-rights organizations familiar with New York City housing law can help residents understand what documentation an owner should have obtained before reoccupancy.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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