Emergency Powers of the Commissioner

NYC Admin. Code tit. 28, ch. 2, art. 215

in effect

NYC Admin. Code § 28-215.1 Emergency work.

§ 28-215.1 Emergency work. Notwithstanding any other provisions of law, if the commissioner determines that a structure or premises or any part thereof poses an imminent danger of serious physical injury or death to the public or is in imminent danger of collapse and the exigency of the situation is such that any delay may cause further danger to the public safety, then the commissioner may direct the commissioner of housing preservation and development or the department of citywide administrative services, or other authorized agency to perform or arrange the performance of the emergency work on, or demolition of such structure or premises or part thereof or such other work as deemed by the commissioner to make it safe.

NYC Admin. Code § 28-215.1.1 Lien for emergency work.

§ 28-215.1.1 Lien for emergency work. The expenses of the city in performing emergency work on any structure or part of such structure pursuant to this article shall constitute a debt recoverable from the owner and a lien upon the land and any part of such structure that was not demolished. 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 8 of subchapter 5 of the New York city housing maintenance code with respect to the enforcement of such debt and lien against all types of structures, including those authorized to be occupied or otherwise occupied for residential, commercial, and manufacturing purposes. (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 § 28-215.1.2 Interference prohibited.

§ 28-215.1.2 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 section 28-215.1. (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 § 28-215.1.3 Enforcement.

§ 28-215.1.3 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, housing preservation and development, or other authorized agency, with respect to work performed by or under the direction of such commissioner pursuant to the provisions of section 28-215.1. (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 § 28-215.2 Stopping work and securing structures.

§ 28-215.2 Stopping work and securing structures. See section 28-207.2.

NYC Admin. Code § 28-215.3 Vacating structures.

§ 28-215.3 Vacating structures. See section 28-207.4.

NYC Admin. Code § 28-215.4 Violations of protective measures during construction or demolition.

§ 28-215.4 Violations of protective measures during construction or demolition. During the construction or demolition of a structure, the commissioner shall notify the owner of the structure affected of any failure to comply with any of the provisions of this code that concern the protection of life, safety and property during construction or demolition. Unless the owner so notified proceeds immediately to comply with the orders of the commissioner, the commissioner shall have full power to correct the violation. All expenses incurred therefore shall become a lien on the property pursuant to section 28-112.9.

NYC Admin. Code § 28-215.5 Investigation of accidents or other emergency conditions.

§ 28-215.5 Investigation of accidents or other emergency conditions. When necessary to conduct an investigation of any occurrence affecting building or construction safety, the commissioner may seize or impound equipment, building material, and portions of the affected building or premises for examination and testing. The police department or other authorized law enforcement agency shall cooperate with the commissioner upon request and shall provide a suitable place for the deposit of such items.

NYC Admin. Code § 28-215.6 Closing streets temporarily.

§ 28-215.6 Closing streets temporarily. The commissioner may, when necessary for the public safety, temporarily close the sidewalks, streets, structures or places adjacent to a structure or part thereof, and the police commissioner or commissioner of the department of transportation, or any of his or her subordinates shall enforce all orders or requirements made by the commissioner, when so requested by the commissioner.

NYC Admin. Code § 28-215.7 Recovery of bodies from wrecked structures.

§ 28-215.7 Recovery of bodies from wrecked structures. Where any persons are known or believed to be buried under the ruins of any fallen structure or part thereof in the city, the commissioner shall cause an examination of the premises to be made for the recovery of the injured and bodies of the dead. Whenever, in making such examination, it shall be necessary to remove any debris from the premises, other city agencies shall cooperate with the commissioner in carrying out the purposes of this section, and shall provide suitable and convenient places for the deposit of such debris. (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 § 28-215.8 Non-compliance with orders; execution of work by department.

§ 28-215.8 Non-compliance with orders; execution of work by department. Upon the failure to comply with any order of the commissioner within the time limited thereby, and subject to the provisions of article 216, any work required to be executed by such order may be executed by the commissioner through the officers, agents or contractors of the department or other authorized agency; and the city shall be reimbursed promptly for all costs and expenses of such work. Such costs and expenses shall become a lien upon the premises involved and named in the commissioner's order, which may be enforced in accordance with the provisions of 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.

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/0-0-0-157753Fetched: 10/24/2026