Unsafe Buildings

NYC Admin. Code tit. 28, ch. 2, art. 216

in effect

NYC Admin. Code § 28-216.1 Conditions constituting an unsafe building or structure.

§ 28-216.1 Conditions constituting an unsafe building or structure. Any building, structure or part thereof described in this article shall be deemed an unsafe building and shall be demolished or removed or made safe and secure as provided herein.

NYC Admin. Code § 28-216.1.1 Compromised structures.

§ 28-216.1.1 Compromised structures. Any structure or premises or part of a structure or premises that from any cause may at any time become dangerous or unsafe, structurally or as a fire hazard, or dangerous or detrimental to human life, health or safety, shall be demolished and removed or made safe and secure.

NYC Admin. Code § 28-216.1.2 Vacant buildings.

§ 28-216.1.2 Vacant buildings. Any vacant building not continuously guarded or not sealed and kept secure against unauthorized entry shall have all openings sealed in a manner approved by the commissioner, and it shall be the duty of the owner thereof promptly to make any repairs that may be necessary for the purpose of keeping such building sealed and secure.

NYC Admin. Code § 28-216.2 Record and notice of unsafe building, structure, or premises.

§ 28-216.2 Record and notice of unsafe building, structure, or premises. The department shall cause a report to be filed on an unsafe building, structure or premises. The report shall describe the nature of the occupancy of the structure and the nature of the unsafe condition and be made a record of the department.

NYC Admin. Code § 28-216.3 Notice of survey and summons and order.

§ 28-216.3 Notice of survey and summons and order. The owner, executor, administrator, mortgagee, lessee or any other person who may have a recorded vested or recorded contingent interest in the unsafe building, structure or premises, shall be served with a notice of survey and summons containing a description of the unsafe building, structure or premises and an order requiring such building be sealed, secured, repaired, shored, or demolished and removed as may be deemed necessary by the commissioner.

NYC Admin. Code § 28-216.3.1 Content.

§ 28-216.3.1 Content. Such notice of survey and summons shall require the person thus served immediately to certify to the commissioner his or her acceptance or rejection of the order. The notice of survey and summons shall further notify said person(s) that upon their refusal or neglect to comply with any of the requirements of this provision, a survey of the building or premises named in such notice will be made at a time and place therein named. The notice of survey and summons shall also state that if, pursuant to the survey, it is found that the building, structure, or premises referred to therein is unsafe or dangerous by the surveyors, their report of survey will be placed before the supreme court for trial at a time and place named in such notice. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.4 Method of service.

§ 28-216.4 Method of service. The notice of survey and summons and order shall be served in accordance with the New York state civil practice law and rules. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.5 Owner abatement of unsafe or dangerous conditions.

§ 28-216.5 Owner abatement of unsafe or dangerous conditions. If the person served with a notice and order pursuant to section 28-216.4 shall immediately certify his or her assent to the securing or removal of such unsafe building, structure or premises condition, such person shall be allowed a period of time as determined by the commissioner within which to commence and complete the abatement of the unsafe or dangerous condition. Such person shall employ sufficient labor and assistance to secure or remove such conditions as expeditiously as possible. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.6 Survey.

§ 28-216.6 Survey. A survey of the building or premises shall be conducted as follows:

NYC Admin. Code § 28-216.6.1 Identity of surveyors.

§ 28-216.6.1 Identity of surveyors. The survey shall be made by three competent persons, of whom one shall be the commissioner; another shall be a registered design professional appointed by a recognized professional organization or by the commissioner; and the third shall be a registered design professional appointed by the person served with a notice pursuant to section 28-216.4. If the person served with such notice shall neglect or refuse to appoint such surveyor, the other two surveyors shall make the survey. In case they disagree, they shall appoint a third person to take part in such survey, who shall be a registered design professional of at least 10 years' practice, whose decision shall be final. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.6.2 Posting report of survey.

§ 28-216.6.2 Posting report of survey. A copy of the report of the survey shall be posted on the structure that is the subject thereof by the persons holding the survey, immediately on their issuing such report.

NYC Admin. Code § 28-216.6.3 Compensation of surveyors.

§ 28-216.6.3 Compensation of surveyors. The registered design professional appointed by the respective professional organization or by the commissioner, as hereinbefore provided, who may act on any survey called in accordance with the provisions of section 28-216.6, and the third surveyor who may have been called in the case of disagreement provided for in section 28-216.6, shall each be paid a sum to be determined by rule to be promulgated by the department. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.6.4 Cost of survey.

§ 28-216.6.4 Cost of survey. Any costs incurred by the city in connection with the survey shall become money due and owing to the city as part of the return of precept and judgment provided for in sections 28-216.9, 28-216.10 and 28-216.11 or pursuant to lien provided for in section 28-112.9. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.7 Court proceeding.

§ 28-216.7 Court proceeding. Whenever the report of survey shall recite that the building, structure or premises surveyed is unsafe or dangerous, the corporation counsel or his or her designee shall, at the time specified in the notice, place such notice and report before a justice of the court named in the notice. The report of survey shall be in writing and constitute the issues to be placed before the court for trial. The purpose of the trial shall be to determine whether the unsafe building, structure, or premises shall be vacated and seal ed, secured, shored, or demolished and removed.

NYC Admin. Code § 28-216.7.1 Precedence of proceeding.

§ 28-216.7.1 Precedence of proceeding. The unsafe building proceeding shall have precedence over every other business of such supreme court. The trial on the issues in the unsafe building proceeding shall be held without delay, at the time specified in the notice, and shall be held by a justice of the court or by a referee, whose decision or report in the matter shall be final.

NYC Admin. Code § 28-216.7.2 Precept to abate.

§ 28-216.7.2 Precept to abate. If the justice or referee determines the building, structure or premises that is the subject of the report of survey is unsafe or dangerous, such justice or referee trying the case shall immediately issue a precept directed to the commissioner authorizing the commissioner forthwith to vacate pursuant to section 28-207.4, if necessary, and to seal, secure, shore, or demolish and remove the unsafe building, structure or premises named in such report. The precept shall be effective for a period of three years from the date of issuance.

NYC Admin. Code § 28-216.7.3 Notice of pendency.

§ 28-216.7.3 Notice of pendency. A notice of pendency shall be filed in accordance with the following procedure: 1. The notice of pendency shall be filed in accordance with the New York state civil practice law and rules and shall be filed in the office of the clerk of the county where the property affected by such action, suit or proceeding is located. Such notice of pendency may be filed at any time after the service of the notice described in section 28-216.3 of this code. 2. Any notice of pendency filed pursuant to the provisions of this section that has not expired may be vacated and cancelled of record upon an order of a justice of the court in which such suit or proceeding was instituted or is pending, or upon the consent in writing of the corporation counsel. The clerk of the county where the notice is filed is hereby directed and required to mark any such notice of pendency, and any record or docket thereof, as vacated and cancelled of record upon the presentation and filing of a certified copy of such order or consent. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.8 Execution of precept.

§ 28-216.8 Execution of precept. A precept issued pursuant to section 28-216.7.2 shall be executed in accordance with the procedure set forth in sections 28-216.8.1 through 28-216.8.3.

NYC Admin. Code § 28-216.8.1 Work by the department.

§ 28-216.8.1 Work by the department. Upon receiving a precept under the provisions of section 28-216.7.2, the commissioner shall execute such precept, as therein directed, and may employ such labor and assistance and furnish such materials as may be necessary for that purpose. The commissioner shall direct the commissioner of citywide administrative services or the department of housing preservation and development or other authorized agency to perform work in accordance with the precept. Such work shall be performed by or under the direction of citywide administrative services in accordance with the provisions of section 4-204 of the administrative code, or the department of housing preservation and development, or such other authorized agency. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.8.2 Owner application to perform work.

§ 28-216.8.2 Owner application to perform work. The owner of such unsafe building, structure, or premises, or any party interested therein, if such person applies to the commissioner immediately upon the issuing of such precept, shall be allowed to perform the requirements of such precept at his or her own cost and expense, if the performance shall be done immediately and in accordance with the requirements of such precept and other applicable laws and rules and such other requirements as the commissioner shall impose.

NYC Admin. Code § 28-216.8.3 Modification of precept.

§ 28-216.8.3 Modification of precept. The commissioner shall have authority to modify the requirements of any precept when such commissioner shall be satisfied that such change will secure the safety of such structure or premises equally well. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.8.3.1 Upon application.

§ 28-216.8.3.1 Upon application. The commissioner shall also have authority to modify the requirements of any precept upon application to such commissioner in writing by the owner of the unsafe building, structure, or premises, or such owner's authorized representative. In addition, upon application to modify the requirements of any precept to seal, shore or demolish the structure by the commissioner of housing preservation and development, citywide administrative services or such other authorized agency, the commissioner shall have authority to modify such precept accordingly when the commissioner shall be satisfied that such change will secure the safety of such structure or premises equally well. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.8.3.2 Notice.

§ 28-216.8.3.2 Notice. After a determination to modify the precept is made by the commissioner, written notice of such determination shall be sent by regular mail to the owner and applicant for the modification if other than the owner, at his or her last known address.

NYC Admin. Code § 28-216.8.3.3 Failure of owner to perform work.

§ 28-216.8.3.3 Failure of owner to perform work. If no action in accordance with the modified precept is undertaken by the owner or applicant for modification within the time period provided in the modification following the granting of such application, the commissioner may direct the department of housing preservation and development or the department of citywide administrative services or other authorized agency to execute the original precept, provided however that prior to such execution, notice shall be provided by regular mail to the owner of the unsafe building, structure or premises and applicant for the modification if other than the owner, at his or her last known address. The owner shall continue to have the right to request the commissioner to modify the requirements of the precept prior to the execution thereof.

NYC Admin. Code § 28-216.8.4 Interference prohibited.

§ 28-216.8.4 Interference prohibited. It shall be unlawful for any person to interfere, obstruct or hinder the commissioner or the commissioner of citywide administrative services, housing preservation and development, or other authorized agency, or any person who, acting under the authority conferred on such person by such commissioner, is performing the work authorized by a precept issued out of any court or modified in accordance with section 28-216.8.3, or the work ordered by the commissioner in accordance with such precept under the provisions of section 28-216.8.3.3. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.8.5 Enforcement.

§ 28-216.8.5 Enforcement. The police commissioner shall enforce such orders or requirements when requested by the commissioner and shall likewise enforce same at the request of the commissioner of citywide administrative services, the commissioner of housing preservation and development, or the commissioner of other authorized agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions of section 28-216.8.3.3. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.9 Return of precept and reimbursement of city.

§ 28-216.9 Return of precept and reimbursement of city. Upon compliance with any precept issued to the commissioner in a proceeding under this article, the commissioner may make return thereof, with an endorsement of the action thereunder and the costs and expenses thereby incurred, to the justice of the court from which such precept issued. Such just ice shall then tax and adjust the amount endorsed upon such precept, and shall adjust and allow the disbursements of the proceeding, including but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, which shall be inserted in the judgment in such proceeding. Such justice shall then render judgment for such amount and for the sale of the premises named in such notice, together with all the right, title and interest that the person named in such notice had in the lot, ground or land upon which such structure was placed, at the time of the filing of a notice of pendency in such proceedings, or at the time of the entry of judgment therein, t o satisfy such judgment in foreclosure of mortgages. Nothing in this article shall preclude the city from recovering such costs and expenses in any other lawful manner, including pursuant to sections 28-112.9, 28-216.10 and 28-216.11. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-216.10 Judgment lien.

§ 28-216.10 Judgment lien. Any judgment rendered in an action or proceeding instituted under this article shall be and become a lien upon the premises named in such action or proceeding, such lien to date from the time of filing a notice of pendency in the office of the clerk of the county wherein the property affected by such action or proceeding, is located. Every such lien shall have priority before any mortgage or other lien as may exist prior to such filing except tax and assessment liens.

NYC Admin. Code § 28-216.11 Tax lien.

§ 28-216.11 Tax lien. Any costs and expenses incurred by any agency of the city pursuant to this article, including but not limited to the preliminary expenses of searches, service of the notice of survey and summons on interested parties, surveys thereof, and costs of executing the precept, shall be a debt recoverable from the owner of the premises and a lien upon the land and buildings upon or in respect to which such costs and expenses were incurred. Every such lien shall have priority over all other liens and encumbrances on the premises except for the lien of taxes and assessments. Except as otherwise provided by rule of the affected agency, the agency incurring such expense shall be governed by the procedures set forth in article eight of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of such debt and lien. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-157786Fetched: 10/24/2026