N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2142
Reoccupancy after vacate order (New York City Housing Maintenance Code)
Operative Text
a. No person shall occupy, or cause or permit to be occupied, any dwelling or part thereof while such dwelling or part is subject to a vacate order. Notwithstanding any other provision of law, an owner or managing agent or other representative of such owner who violates this subdivision by permitting or allowing re-occupancy of a premises that is subject to a vacate order shall be subject to a civil penalty of not less than five thousand dollars for each reoccupied dwelling unit in such premises. b. If the department finds that the conditions rendering a building or part unfit for human habitation have been corrected, it may revoke a vacate order. If the department finds that the unlawful conditions are being corrected and that continued occupancy may be permitted consistent with health and safety, it may extend the time period for compliance fixed in the order. c. The department may by regulations set forth standards and provide for hearings to determine when such vacate order should be revoked or extended. d. The department may require as a condition for revocation of a vacate order, that the owner make reasonable effort to notify any tenants who may have vacated the dwelling pursuant to such order that said tenant has a right to re-occupy the dwelling. (Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2142, no one may occupy or allow occupancy of a dwelling that is under an active vacate order. A vacate order can be lifted by the relevant city department if the hazardous conditions have been corrected, or temporarily extended if corrections are underway and continued occupancy is deemed safe. When a vacate order is revoked, the department may require the owner to notify displaced tenants of their right to return to the dwelling.
Plain English — not legal advice.
Under N.Y.C. Admin. Code §§ 27-2001 and 27-2142, compliant property owners and managing agents ensure that no unit subject to a vacate order is reoccupied until the order has been formally revoked by the department. Operators who allow reoccupancy while a vacate order remains in effect face a civil penalty of at least $5,000 per reoccupied dwelling unit. When seeking revocation, owners typically document that all cited conditions have been corrected and, if required by the department, make reasonable efforts to notify displaced tenants of their right to return.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y.C. Admin. Code §§ 27-2001 and 27-2142 establish that tenants displaced by a vacate order have a right to be notified of their eligibility to return once the order is revoked, if the department imposes that condition on the owner. Tenants who believe an owner is improperly allowing reoccupancy of a vacated building, or who have not been notified of their right to return after conditions are corrected, may consider filing a complaint with the New York City Department of Housing Preservation and Development. Tenant-rights organizations can also help displaced residents understand the vacate and revocation process and explore available options.
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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