N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2140
Content and effect of vacate order (New York City Housing Maintenance Code)
Operative Text
a. An order issued pursuant to subdivision b of section 27-2139 of this article shall set forth the conditions which render the dwelling or part thereof unfit for human habitation. b. The order shall require all persons occupying the dwelling or part affected to vacate it within a period of time, not less than twenty-four hours nor more than ten days, to be stated in the order. c. 1. The order shall require that the owner correct the conditions which render the dwelling or part thereof unfit for human habitation within a period of time, not to exceed ten days, to be stated in the order. 2. If the department has not revoked or extended the order pursuant to subdivision b of section 27-2142 of this article, where such dwelling is a class B multiple dwelling or a class A multiple dwelling used for single room occupancy pursuant to section two hundred forty-eight of the multiple dwelling law, the owner of such dwelling shall be subject to a civil penalty of five thousand dollars for each dwelling unit which is included in said order. The fine shall be recoverable by the department by civil action in a court of appropriate jurisdiction. Such action must be commenced or notice of pendency filed within one year of the effective date of the vacate order. d. If a vacate order is not complied with within the time specified, the department may cause the dwelling or part thereof affected to be vacated. e. The filing of a vacate order in the office of the county clerk in the same manner as a notice of pendency shall be notice to any subsequent purchaser, mortgagee or lienor that any lien resulting from such vacate order shall be enforceable against and superior to the rights of such purchaser, mortgagee or lienor. f. When the department obtains a determination in an action under this article against an owner, judgment may be entered against the premises which shall constitute a lien when a transcript of such judgment is filed in the office of the county clerk in the manner prescribed for the filing of mechanic's liens and may be enforced against the premises as such, except that such lien shall have a duration of ten years.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2140, when a dwelling or part of it is found unfit for human habitation, the city may issue a vacate order that spells out the hazardous conditions, sets a deadline for occupants to leave (between 24 hours and 10 days), and requires the owner to fix those conditions within no more than 10 days. If the owner of a Class B multiple dwelling or a Class A multiple dwelling used for single room occupancy fails to correct the conditions and the order is neither revoked nor extended, a civil penalty of $5,000 per affected dwelling unit may be imposed. The city can also forcibly vacate the building if the order is ignored, and a filed vacate order serves as public notice that any resulting lien takes priority over later purchasers, mortgagees, or lienors.
Plain English — not legal advice.
Property owners subject to a vacate order under §§ 27-2001 and 27-2140 are generally expected to remediate the cited hazardous conditions within the timeframe stated in the order—no more than 10 days—and to ensure that all affected units are vacated within the required window of 24 hours to 10 days. Owners of Class B multiple dwellings or Class A multiple dwellings used for single room occupancy face a civil penalty of $5,000 per dwelling unit included in the order if the department has not revoked or extended it within the prescribed period. Compliant operators also take note that a vacate order filed with the county clerk creates a lien that is superior to the interests of future purchasers or lenders, and that judgments obtained by the department can be enforced against the premises for up to ten years.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under §§ 27-2001 and 27-2140, tenants living in a dwelling subject to a vacate order have a legal right to be informed of the specific conditions that make the dwelling unfit for human habitation, and the order must give them at least 24 hours—but no more than 10 days—to vacate. If an owner fails to correct the cited conditions, the city has authority to pursue civil penalties and, if necessary, to physically vacate the building, which may provide tenants with grounds to raise the owner's non-compliance in related housing proceedings. Tenants facing a vacate order may wish to contact a tenant-rights organization or consult with a housing attorney to understand available options, including any relocation assistance or rights that may apply under New York City 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 October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.