Vacate Orders

A Vacate Order can be put on a building if conditions within are unsafe. A building can be damaged, or have illegal conditions outside or nearby. Entry into the property will not be permitted while a Vacate Order is in effect. A report can be filed against you if a witness sees you doing so. The amount of time this order spans is based on how damaged the area is. The quicker the problem can be corrected, the quicker the Order will be lifted.

The department can also vacate single apartments or rooms if they are deemed to be unsafe for tenants. The HPD may be able to help with the relocation of tenants into temporary housing.

You must keep the vacate notice posted on the main entrance door of the damaged building or unit.

If you have questions about a building that must be vacated, you can contact the Construction Division Office of the building’s borough:

Bronx (718) 960-4730
Brooklyn (718) 802-3685 or (718) 802-3684
Manhattan (212) 393-2553
Queens (718) 286-8360
Staten Island (718) 420-5418

Removing the Order

You must file a dismissal request in order for the Order to be rescinded. Code Enforcement inspectors will then need to ensure that the space is safe.

The fee for filing depends on the number of units and open violations the building has:

Dwelling Classification Fee

Private Dwelling (1-2 units)

Multiple Dwelling (3+ residential units) with 1 – 300 open violations $300
Multiple Dwelling with 301 – 500 open violations $400
Multiple Dwelling with 501 or more open violations $500
Multiple Dwelling Active in the Alternative Enforcement Program (AEP) $1000

Tenants must be made aware of their right to re-enter once the Order is lifted.


There is a $5,000 civil penalty for each re-occupied unit that is still under a Vacate Order.

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