Vacate Order Frequently Asked Questions - Buildings

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Vacate Order

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Vacate Order


Vacate Order FAQs

Your apartment/or building was issued a Vacate Order because there is of a condition that is or may be imminently perilous, dangerous or detrimental to life, public safety or property. The NYC Department of Buildings (DOB) vacates buildings for a number of reasons, including:

structural damage

blocked egress

inadequate fire protection

dangers in or near the building

conditions that pose an imminent danger to occupants.

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Where can I stay?

If you need emergency shelter, please see below:

Emergency Shelter: Contact the American National Red Cross in greater New York at 1-877-RED-CROSS (733-2767), Option 1. The Red Cross provides emergency shelter for up to 2 nights for eligible households.

Longer-term Shelter: Contact HPD Emergency Housing Services (EHS) at (212) 863-7660 or email
EHS-Remote@hpd.nyc.gov to see if you qualify for longer-term shelter in an EHS shelter facility. If you require a reasonable accommodation, you may submit your request when registering for shelter services. Even if you do not need the city’s assistance with temporary housing, it is helpful to register with EHS if you want to be notified when your building’s vacate order is rescinded (you should also provide contact information to the property owner).

How can I get my belongings?

You may be allowed to retrieve essential items, like your medication and identification, depending on the condition of your building. Contact your landlord for access. In certain situations, property owners will need to coordinate with the NYC Department of Buildings (DOB) to determine whether the building is safe to enter.

Is emergency cash assistance available from the City?

You may be eligible for emergency assistance through NYC Human Resources Administration for lost clothes, personal items, or furniture because of fire or natural disaster. Contact the Human Resources Administration for more information at (718) 557-1399 or see more information at nyc.gov/site/hra/help/cash-assistance.page .

How can I access crisis management support?

The vacate process is stressful. 988 is your connection to free, confidential crisis counseling, mental health and substance use support, information, and referrals 24 hours a day, 7 days a week by phone, text, and online chat. Behavior health professionals there can link you to the services you need in over 200 languages.

Call or text 988

Chat online at 988lifeline.org

What happens next?

Your landlord/property owner must correct the conditions that led to the Vacate Order. The owner may be required to hire a licensed engineer or architect to file the necessary applications with DOB to ensure that all work is done safely and according to Code.

After the condition(s) is corrected, the property owner must request that the Vacate Order be lifted. Each city agency that placed a vacate order will then inspect the work and, if appropriate, rescind the Vacate Order. Note that if more than one City agency issued a Vacate Order, that Vacate Order must be dismissed by each agency before you can reoccupy.

Do I lose my rights to my apartment?

Your rights may vary depending on whether you live in a rent stabilized, rent controlled or market-rate apartment, and the extent of the damage to the building, among other factors. We recommend that you consult with a lawyer familiar with NYS and NYC housing laws.

If you are a rent stabilized/rent controlled tenant, you can file to legally reduce your monthly rent to $1/month for the period that you cannot live in your apartment. Many people live in rent stabilized apartments and do not know it. The New York State Division of Housing and Community Renewal (DHCR) can provide more information. More information is available from DHCR at https://hcr.ny.gov/living-conditions-and-essential-services.

I can’t afford a lawyer, are there options for free legal services?

If you can’t afford an attorney, call 311 and ask for the Tenant Helpline.

How can I find out more information about my rights related to my housing, in general, and any additional resources for tenants?

You can call 311 for a copy of HPD's ABCs of Housing.

Can I get updates on the work being done in my building?

You can track the permit applications filed for your building online. Applications filed with DOB are available online through either the DOB NOW public portal or the Buildings Information System (BIS). Once an owner files an application, you can sign up to receive automatic Job Status updates at nyc.gov/DOBjobstatus.

If my landlord doesn’t get permits to fix the building, is there anything I can do?

We recommend that you consult with a lawyer familiar with NYS and NYC housing laws. There are free options mentioned above for eligible tenants.

How do I know when it is safe to return?

After the condition is corrected, the building owner must request that the DOB Vacate Order be lifted. DOB will then inspect the work and if appropriate, rescind the Vacate Order.

NOTE: If more than one City agency issued a Vacate Order, that Vacate Order must be dismissed by each agency before you can reoccupy.

What if the landlord is trying to harass me to not return?

Harassment by an owner to force tenants out of their apartments, or to surrender their rights, is illegal. You may also seek free legal services to assist you if you are being harassed. Examples of harassment may include, but are not limited to:

not offering leases, lease renewals, or repeatedly trying to pay you to move out or to give up your rights (“a buyout”)

not consulting with the City agency to allow you to retrieve belongings

offering you a buyout while threatening you, intimidating you, or using obscene language, by contacting you at your place of employment without obtaining your written permission or providing false information in connection with the buyout offer

unjustified eviction notices or illegal lockouts

threats and intimidation (i.e., phone calls to encourage you to move out or give up your rights)

deliberately causing construction-related problems for tenants (i.e., working after hours, blocking entrances, or failing to remove excessive dust and debris).

not making the repairs required by the Vacate Order(s) in a timely manner.

failing to notify you when the building or apartment you resided in is deemed habitable by the City and the vacate order is rescinded.

How do I get more information about the Vacate Order(s), building repairs and the status of the Vacate Order?

The agency (or agencies) that placed the Vacate Order is identified on the Vacate Order posted on the building entrance. For detailed information about the Vacate Order, including:

What must be done to lift the Vacate Order?

Can I track the progress of the repairs?

How do I know when it’s safe to return?

For more information about your rights related to housing in general and additional resources for tenants call 311 for a copy of HPD's ABCs of Housing.