N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2139
Power to order dwelling vacated (New York City Housing Maintenance Code)
Operative Text
a. Any dwelling or part thereof, which, because of a structural or fire safety hazard, defects in plumbing, sewage, drainage, or cleanliness, or any other violation of this code or any other applicable law, constitutes a danger to the life, health, or safety of its occupants, shall be deemed to be unfit for human habitation. b. The department may order or cause any dwelling or part thereof which is unfit for human habitation to be vacated.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2139, a dwelling—or any portion of one—can be officially classified as unfit for human habitation when structural defects, fire safety hazards, plumbing or sewage failures, or other code violations create a danger to occupants' life, health, or safety. Once that determination is made, the relevant city department holds the authority to order the dwelling or affected portion to be vacated. This provision establishes both the standard for 'unfit' conditions and the governmental power to act on that finding.
Plain English — not legal advice.
Property owners and managers subject to N.Y.C. Admin. Code §§ 27-2001 and 27-2139 generally maintain their buildings in a condition that avoids the threshold of 'unfit for human habitation'—meaning they address structural deficiencies, fire safety issues, plumbing failures, and drainage or sanitation problems before they rise to the level of endangering occupants. Operators who receive notice of conditions that could trigger a vacate order typically document corrective actions and engage with the relevant city department promptly. Keeping maintenance records and responding to inspection findings are practices commonly associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2139, tenants living in dwellings with serious structural, fire safety, plumbing, sewage, or sanitation hazards may have grounds to report those conditions to the New York City Department of Housing Preservation and Development, which has the authority to inspect and, if warranted, order a vacate. Tenants who receive a vacate order or who believe their home meets the 'unfit for human habitation' standard have several general paths available, including filing complaints with the relevant city agency, raising housing conditions as a defense in housing court proceedings, or reaching out to a tenant-rights organization for guidance. Consulting with a tenant-rights group familiar with this provision can help clarify what options may be available given the specific conditions present.
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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