Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-39
Vacated dwelling made secure
Operative Text
The owner, agent, operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Code Enforcement Officer shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
Newark, N.Y., Code of Ordinances ch. 90 § 90-39 establishes that when a dwelling, dwelling unit, rooming house, or rooming unit is officially declared unfit for human habitation and vacated, the responsible party must take whatever steps the Code Enforcement Officer considers necessary to make the property safe and secure. Additionally, any vacant building left open at its doors and windows without a guard is automatically treated as a danger to human life and a public nuisance under this provision. The rule gives the Code Enforcement Officer broad discretion in determining what security measures are sufficient.
Plain English — not legal advice.
Under Newark, N.Y., Code of Ordinances ch. 90 § 90-39, property owners and managers whose buildings have been vacated as unfit for human habitation are generally expected to promptly board up or otherwise secure all points of entry, including doors and windows, in a manner satisfactory to the Code Enforcement Officer. Compliant operators typically maintain ongoing communication with the Code Enforcement Officer to confirm that the measures taken meet the officer's requirements, since that official holds discretion over what is deemed necessary. Leaving a vacated property open and unguarded exposes the owner to a finding that the building constitutes a nuisance and a danger to human life under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Newark, N.Y., Code of Ordinances ch. 90 § 90-39 is primarily directed at property owners, but tenants and neighbors affected by an unsecured, vacated building may have grounds to report the condition to the local Code Enforcement Officer, who has authority to require the owner to secure the property. If a building has been declared unfit and remains open or unguarded, that condition is treated as a nuisance under this provision, which can support a formal complaint through Newark's code enforcement process. Tenant-rights organizations and legal aid services can help individuals understand what reporting options may be available in a given situation.
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.
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