NYC Admin Code › Chapter 2: Housing Maintenance Code › Subchapter 5: Legal Remedies and Enforcement › Article 7: Vacate Orders
§ 27-2142 Reoccupancy after vacate order
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.
- Source
- NYC Admin Code, as published by American Legal Publishing, the City's official publisher
- Last amended
- Effective August 14, 2017
- Checked
- Matched the official code on October 1, 2026
Amendment history
- (Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017)
Official text. How it applies depends on your facts; this is not legal advice.Other laws and court decisions can change how a section applies to you, so treat the text as a starting point.