NYCAC

Article 7 - VACATE ORDERS¶

Section 27-2139¶

Section 27-2139

  §  27-2139  Power  to  order dwelling vacated. 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.

Section 27-2140¶

Section 27-2140

  §  27-2140  Content  and  effect  of  vacate order. a. An order issued
pursuant to subdivision b of section 27-2139 of this article  shall  set
forth the conditions which render the dwelling or part thereof unfit for
human habitation.
  b.  The order shall require all persons occupying the dwelling or part
affected to vacate it within a period of time, not less than twenty-four
hours nor more than ten days, to be stated in the order.
  c. 1. The order shall require that the owner  correct  the  conditions
which  render  the  dwelling  or part thereof unfit for human habitation
within a period of time, not to exceed ten days, to  be  stated  in  the
order.
  2. If the department has not revoked or extended the order pursuant to
subdivision b of section 27-2142 of this article, where such dwelling is
a  class  B  multiple  dwelling  or a class A multiple dwelling used for
single room occupancy pursuant to section two hundred forty-eight of the
multiple dwelling law, the owner of such dwelling shall be subject to  a
civil  penalty  of five thousand dollars for each dwelling unit which is
included in said order. The fine shall be recoverable by the  department
by civil action in a court of appropriate jurisdiction. Such action must
be  commenced  or  notice  of  pendency  filed  within  one  year of the
effective date of the vacate order.
  d. If a vacate order is not complied with within the  time  specified,
the  department  may  cause  the dwelling or part thereof affected to be
vacated.
  e. The filing of a vacate order in the office of the county  clerk  in
the  same  manner  as  a  notice  of  pendency  shall  be  notice to any
subsequent purchaser, mortgagee or lienor that any lien  resulting  from
such  vacate  order  shall  be  enforceable  against and superior to the
rights of such purchaser, mortgagee or lienor.
  f. When the department obtains a determination in an action under this
article against an owner, judgment may be entered against  the  premises
which  shall  constitute  a  lien  when a transcript of such judgment is
filed in the office of the county clerk in the manner prescribed for the
filing of mechanic's liens and may be enforced against the  premises  as
such, except that such lien shall have a duration of ten years.

Section 27-2141¶

Section 27-2141

  §  27-2141  Notice. a. The vacate order shall be served upon the owner
by mailing a copy to the person last registered with the  department  as
owner  or  agent  by  certified  mail,  return  receipt  requested.  The
affidavit of an employee or agent of the department, stating facts which
show that the vacate order was  duly  addressed  and  mailed,  shall  be
presumptive evidence that such vacate order was duly served.
  b. The vacate order shall be served upon the occupants of the dwelling
by  affixing  a copy prominently on the dwelling which is the subject of
the vacate order.

Section 27-2142¶

Section 27-2142

  §  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.
  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.