Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-34
Vacation of unfit dwelling
Operative Text
A. Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to § 90-23 and ordered vacated as provided in § 90-33 shall be vacated within such reasonable time as the Code Enforcement Officer may specify in the notice. B. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation and the notice removed until approval is secured from the Code Enforcement Officer.
Section 90-34 of Newark, N.Y., Code of Ordinances ch. 90 establishes that once a dwelling, dwelling unit, rooming house, or rooming unit has been officially designated unfit for human habitation and ordered vacated, occupants must leave within the timeframe specified by the Code Enforcement Officer. The property cannot be reoccupied or the posted notice removed until the Code Enforcement Officer formally approves the unit's return to habitable use. This rule creates a two-step process: mandatory vacation followed by an official clearance before anyone may lawfully live there again.
Plain English — not legal advice.
Under § 90-34, a compliant property owner or manager treats a vacation order as an immediate operational priority, ensuring that all occupants leave within the deadline set by the Code Enforcement Officer's notice. Operators generally document the steps taken to remediate the conditions that led to the unfit designation and formally request reinspection and written approval before allowing any new or returning occupants to move in. Removing the posted notice or permitting reoccupancy before receiving that approval from the Code Enforcement Officer places the operator in violation of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 90-34 means that if your dwelling has been declared unfit and ordered vacated, you have a legally specified window of time—set by the Code Enforcement Officer—to leave the premises. Importantly, the provision also protects future occupants by prohibiting anyone from moving back in until the Code Enforcement Officer has approved the unit as fit; if a landlord attempts to re-rent or reoccupy a unit before that clearance is granted, that may constitute a violation of ch. 90. Tenants in this situation may wish to contact Newark's local code enforcement office or a tenant-rights organization to understand available relocation resources and to verify whether proper clearance has been obtained before returning.
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