Abatement of Public Nuisance Caused By Certain Illegal Occupancies

NYC Admin. Code tit. 28, ch. 2, art. 212

in effect

NYC Admin. Code § 28-212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in residence districts and certain other zoning districts.

§ 28-212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in residence districts and certain other zoning districts. Any building or part thereof or vacant land that is located in a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning resolution, without a certificate of occupancy or other authorization of such use, is hereby declared to be a public nuisance. Any building or part thereof or vacant land that is located in a C-1 or C-2 commercial zoning district and that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in sections 32-25, 42-14, and 42-15 of the zoning resolution, in violation of the zoning resolution, without a certificate of occupancy authorizing such use is hereby declared to be a public nuisance. (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 § 28-212.2 Order of closure.

§ 28-212.2 Order of closure. If a building or part thereof or vacant land in which such a nuisance occurs is not occupied primarily as a residence, the commissioner may, in addition to or as an alternative to any other remedy under any other provision of law, after notice and the opportunity for a hearing in accordance with this article, order the closing of such building or part thereof or such vacant land to the extent necessary to abate the nuisance.

NYC Admin. Code § 28-212.3 Notice of hearing.

§ 28-212.3 Notice of hearing. A notice of hearing with respect to an order of closure shall be served on the owner and mortgagee of record of such building or part thereof or such vacant land and on any person alleged to be occupying such building or part thereof or such vacant land at which the nuisance is located.

NYC Admin. Code § 28-212.4 Service of notice of hearing.

§ 28-212.4 Service of notice of hearing. Service may be made on the owner by delivering such notice to the owner or to an agent of the owner or to a person of suitable age and discretion at the residence or place of business of the owner or, if upon reasonable application such delivery cannot be completed, by affixing such notice in a conspicuous place at the owner's place of business or residence or by placing it under the entrance door at either of such locations or by delivering such notice to a person employed by the owner to work at or to manage or maintain the premises at which the nuisance is located and, in all instances except personal delivery upon such owner by mailing the notice of hearing as follows:

NYC Admin. Code § 28-212.4.1 Mailing to owner's registered address.

§ 28-212.4.1 Mailing to owner's registered address. To the person registered with the department of housing preservation and development as the owner or agent of the premises, at the address filed with such department in compliance with article 2 of subchapter 4 of chapter 2 of title 27 of the administrative code; (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 § 28-212.4.2 Mailing to billing address.

§ 28-212.4.2 Mailing to billing address. To the person designated as owner of the building or designated to receive real property tax or water bills for the building at the address for such person contained in one of the files compiled by the department of finance for the purpose of the assessment or collection of real property taxes and water charges or in the file compiled by the department of finance from real property transfer forms filed with the city register upon the sale or transfer of real property; or

NYC Admin. Code § 28-212.4.3 Mailing to recorded address.

§ 28-212.4.3 Mailing to recorded address. To the person in whose name the real estate affected by the order of the commissioner is recorded in the office of the city register or the county clerk as the case may be at the address set forth on the recorded instrument.

NYC Admin. Code § 28-212.4.4 Service on corporate owner.

§ 28-212.4.4 Service on corporate owner. Service may be made on an owner that is a corporation pursuant to section 306 of the business corporation law; however, service upon a corporation shall be deemed to have been completed 45 days following service upon the secretary of state.

NYC Admin. Code § 28-212.4.5 Service on mortgagees.

§ 28-212.4.5 Service on mortgagees. Service may be made upon mortgagees of record by mailing such notice to the mortgagees at the address set forth on the recorded instrument.

NYC Admin. Code § 28-212.4.6 Service on occupants.

§ 28-212.4.6 Service on occupants. Service may be made upon an occupant by delivering such notice to the occupant or to a person employed by the occupant to work at or to manage or maintain the premises at which the nuisance is located; or by affixing such notice to the premises at which the nuisance is located in a conspicuous place or by placing a copy under the entrance door of such premises and mailing a copy of such notice to the occupant at such premises; and in all instances except personal delivery upon such occupant, by mailing the notice of hearing to the occupant at the premises at which the nuisance is located.

NYC Admin. Code § 28-212.4.7 Proof of service.

§ 28-212.4.7 Proof of service. Proof of service pursuant to section 28-212.4.1 through 28-212.4.6 shall be filed with the commissioner.

NYC Admin. Code § 28-212.5 Conduct of hearing by office of administrative trials and hearings.

§ 28-212.5 Conduct of hearing by office of administrative trials and hearings. The hearing shall be conducted by the office of administrative trials and hearings. The administrative law judge assigned to hear the matter shall submit his or her proposed findings of fact and recommended decision to the commissioner. If based on such recommended decision, proposed findings of fact, and the record of the hearing the commissioner determines that the building or part thereof or vacant land is a public nuisance, pursuant to this article, the commissioner may issue an order of closure. Such order shall not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the order of closure.

NYC Admin. Code § 28-212.6 Lack of knowledge not a defense.

§ 28-212.6 Lack of knowledge not a defense. At such hearing it shall not be a defense that the owner, occupant, lessor, lessee, mortgagee, or other person having an interest in the property lacked knowledge of or did not acquiesce or participate in the creation or continuation of the public nuisance.

NYC Admin. Code § 28-212.7 Closure not an act of possession.

§ 28-212.7 Closure not an act of possession. A closure ordered by the commissioner pursuant to this article shall not constitute an act of possession, ownership, or control by the city over the closed premises.

NYC Admin. Code § 28-212.8 Posting of order of closure.

§ 28-212.8 Posting of order of closure. An order of closure shall be posted at the building or part thereof or vacant land that is the subject of such order, and shall be mailed to the record owner of such premises, and any record mortgagee at the address for such person set forth in the recorded instrument, and to the person designated as owner or agent of the building or designated to receive real property tax or water bills for the building at the address for such person contained in one of the files compiled by the department of finance for the purpose of the assessment or collection of real property taxes and water charges or in the file compiled by the department of finance from real property transfer forms filed with the city register upon the sale or transfer of real property. A copy shall also be filed with county clerk or register of the county in which such premises are located. Such filing shall be notice of the order to any subsequent owner and such owner shall be subject to such order.

NYC Admin. Code § 28-212.9 Enforcement of order of closure.

§ 28-212.9 Enforcement of order of closure. On the tenth business day after the posting of such order and upon the written directive of the commissioner, police officers and authorized employees of the department shall act upon and enforce such order by sealing, padlocking, or otherwise preventing access to the premises in a manner that will not bar legally required ingress or egress for residential occupancy of parts of the building that are not subject to the closure order.

NYC Admin. Code § 28-212.10 Rescission of order of closure.

§ 28-212.10 Rescission of order of closure. If at any time after the issuance of such order, the owner, mortgagee, or other person having an interest in the property provides assurance, in a form satisfactory to the commissioner, that the illegal commercial or manufacturing use of the premises has been discontinued and will not reoccur, or such owner, mortgagee, or other person establishes that the premises may be lawfully occupied for such use, the commissioner shall rescind the closure order. If such order is rescinded, the commissioner shall, upon request of such owner, mortgagee, or other person, provide a copy of such rescission, which may be filed with the county clerk or register of the county in which such premises are located. No such re-occupancy shall be permitted without a certificate of occupancy or other department records authorizing such use.

NYC Admin. Code § 28-212.11 Violation of closure order.

§ 28-212.11 Violation of closure order. It shall be unlawful for any person to use or occupy or to permit any other person to use or occupy any building or part thereof or vacant land that has been sealed, padlocked, or otherwise closed pursuant to an order of the commissioner. It shall be unlawful to mutilate or remove a posted order of the commissioner. Intentional disobedience or violation of any provision of a closure order shall be punishable as an immediately hazardous violation.

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/0-0-0-157634Fetched: 10/24/2026