Relocation Services

NYC Admin. Code tit. 26, ch. 2

in effect

NYC Admin. Code § 26-301 Relocation of tenants.

§ 26-301 Relocation of tenants. 1. The commissioner of housing preservation and development shall have the power and it shall be his or her duty: (a) To provide and maintain tenant relocation services (i) for tenants of real property which the commissioner of housing preservation and development is authorized to maintain and supervise; (ii) for tenants of real property acquired for public purposes, excluding real property acquired by or on behalf of the New York city housing authority or the triborough bridge and tunnel authority; (iii) for tenants of real property located in any neighborhood improvement district designated by the city planning commission, where the displacement of such tenants results from the enforcement of any law, regulation, order or requirement pertaining to the maintenance and operation of such property or the health, safety and welfare of its occupants; (iv) when authorized by the mayor, for the tenants of any privately owned building or other improvement which is to be voluntarily rehabilitated in accordance with an urban renewal plan pursuant to law; and (v) for tenants of any privately owned building where such tenants vacate such building during a period when any law, regulation, order or requirement pertaining to the maintenance or operation of such building or the health, safety and welfare of its occupants requires such occupants to vacate such building. Such services may be provided as such commissioner may deem necessary, useful or appropriate for the relocation of such tenants, including but not limited to the gathering and furnishing of information as to suitable vacant accommodations, the making of studies and surveys for the purpose of locating such accommodations and the provision of facilities for the registration of such accommodations with the department of housing preservation and development by owners, lessors and managing agents of real property and others. For any tenant applying for relocation services pursuant to subparagraph (v) of this paragraph, such services may also include the provision of temporary housing. Such commissioner shall not impose any deadline or limitation of time in which a tenant may apply for relocation services pursuant to subparagraph (v) of this paragraph. Upon a request from a tenant applying for relocation services pursuant to subparagraph (v) of this paragraph, such commissioner shall relocate such tenant to suitable vacant accommodations in the same community district, or an immediately adjacent community district, as the building from which such tenant was displaced. If, following such a request, suitable vacant accommodations are unavailable in such same or any immediately adjacent community district, such commissioner shall relocate such tenant to suitable vacant accommodations in the nearest community district in the same borough, where possible. For purposes of this chapter, "temporary housing" includes, but is not limited to, hotels, motels, or other temporary shelter provided to a tenant by or on behalf of the department or provided pursuant to an agreement with the department. (b) Subject to the approval of the mayor, to fix and promulgate and from time to time amend a schedule of payments to be made to or for the benefit of and to aid in the relocation of tenants. Such schedule with respect to payments resulting from or relative to state or state-aided programs or activities within the city of New York shall also be subject to the approval of the director of the state division of the budget and of the head of the state department or agency having jurisdiction over such program, activity or aid. Such schedule shall provide for equal treatment of tenants under similar circumstances, shall be applicable as herein provided and may include but need not be limited to payments to be made to such tenants to induce their voluntary removal, moving expenses and expenses of redecorating accommodations to which such tenants are relocated and payments to persons for the services of finding accommodations to which such tenants are to be relocated. Such schedule may include maximum or minimum payments, or both. The acceptance of a payment provided for under such schedule by a landlord, owner or authorized agent shall not be deemed a violation of any rent regulation or statutory prohibition to the contrary. (c) Subject to the approval of the mayor, to adopt and promulgate and from time to time amend supplementary rules and regulations not inconsistent with the provisions of this section in regard to relocation practices and procedures, applicable as herein provided. (d) To schedule and coordinate the tenant relocation operations of agencies, persons, firms and corporations to which the rules and regulations promulgated pursuant to this section are applicable. (e) To review conditions of city-owned dwellings used for residential purposes and, upon submission of a report by two qualified employees of the agency following a personal inspection, setting forth a finding that any such dwelling is in condition which endangers the life, health or safety of the occupants, and if he or she accepts such report, the commissioner may certify that the conditions in the dwelling are such that they require that the dwelling be vacated in which event he or she shall: (i) order such dwelling to be vacated by its occupants upon no less than thirty days written notice to such occupants; and (ii) provide relocation services and allowances for occupants who relocate pursuant to any such order and the regulations promulgated by the department. 1-a. When any tenant of a privately owned building ceases to occupy such building following the issuance of any order to vacate a building or portion thereof by any agency of the city of New York, it shall be presumed that such tenant ceased to occupy such building due to the issuance of such order. 2. The commissioner shall have power, when authorized by the mayor, to let contracts for the furnishing of maintenance services, payments and benefits deemed necessary, useful or appropriate for the purpose of assisting in the relocation of tenants of real property mentioned in subparagraphs (i), (ii), (iii) and (iv) of paragraph (a) of subdivision one of this section, provided that payments to be made to or for the benefit of such tenants shall be those fixed and promulgated pursuant to paragraph (b) of subdivision one of this section. 3. Notwithstanding any other provisions of law, the schedule promulgated pursuant to paragraph (b) of subdivision one of this section and the rules and regulations promulgated pursuant to paragraph (c) of subdivision one of this section shall, to the extent to which they are not inconsistent with any federal act or regulation issued pursuant thereto, be applicable to every agency and public corporation engaged in the relocation of tenants including, but not limited to, the department of housing preservation and development, the New York city housing authority and the triborough bridge and tunnel authority, and shall also be applicable, as therein provided and to the extent to which they are not inconsistent with any federal act or regulation issued pursuant thereto, to every person,firm or corporation whose relocation activities are subject to the supervision of the department pursuant to section 26-302 of this chapter provided, however, that where the commissioner furnishes relocation services to any tenants pursuant to the provisions of subparagraph (iv) of paragraph (a) of subdivision one of this section, such schedule shall be applicable to the person, firm or corporation which has contracted with the city for the rehabilitation of the building or other improvement occupied by such tenants, and such person, firm or corporation shall make payments to or for the benefit of such tenants in accordance with such schedule, subject to adjustment as to payments with respect to which federal reimbursement is provided. 4. The commissioner shall have the power to investigate, examine and inspect relocation operations which are subject to the provisions of this section. 5. The commissioner shall annually submit to the mayor, the board of estimate, and the council a detailed report on tenant relocation activities which are subject to the provisions of this section and recommendations in regard thereto and shall coordinate the efforts of and consider the reports, recommendations and suggestions of public and private agencies and civic groups in regard thereto. 6. a. There shall be an interagency relocation coordinating committee, which shall consist of a deputy mayor designated by the mayor, and representatives of the department of buildings, the department of city planning, department of health and mental hygiene, the department of housing preservation and development, the New York city housing authority, the commission on human rights, the board of education, the triborough bridge and tunnel authority and the department of social services. Each such board, authority, commission or agency and the head of each such department shall appoint as a representative one officer or employee who is a member of the staff of such board, authority, commission, department or agency and is qualified to participate in the functions of the committee as herein prescribed. Such representatives shall represent their respective agencies as members of the committee. The deputy mayor designated by the mayor as a member of such committee shall be its chairperson. It shall advise the commissioner of housing preservation and development for the purpose of assisting the commissioner in developing a relocation program for the city which will best serve the public interest. The members of the committee shall serve as such without additional compensation. b. Notwithstanding any other provisions of law, no officer or employee of the city or other public officer or employee shall be ineligible for appointment or service as a member of the committee and any such officer or employee may accept any such appointment and serve as such member without forfeiture of any other city or public office or any other city position or other position of public employment by reason thereof. 7. (a) The commissioner of housing preservation and development may require that a tenant of a privately owned building provide verification of occupancy in order to receive relocation services pursuant to subparagraph (v) of paragraph (a) of subdivision 1 of this section. If the commissioner establishes such a requirement, the commissioner shall establish a system under which such tenant is provided at least two methods to verify such occupancy, including the following two methods: (i) submission to the commissioner of a lease, sublease or license agreement verifying that the tenant resides at such building; (ii) submission to the commissioner of any two of the following documents: (A) a valid government-issued identification listing such building as such tenant's address; (B) a valid record from any government agency listing such building as such tenant's address; (C) a valid record relating to medical treatment, including prescriptions, that show such building as such tenant's address; (D) a notarized written statement from the owner of such building verifying that such tenant resides at such building, provided, however, that a statement by such owner stating that such tenant does not reside at such building shall not be used to prevent such tenant from receiving relocation assistance; (E) a valid utility bill addressed to such tenant at such building; (F) a notarized statement from a third party, non-governmental service provider, written on the provider's official letterhead, verifying that services were provided to such tenant and showing that such tenant resides at such building; (G) any other form of verification that the commissioner of housing preservation and development may deem appropriate. (b) The department of housing preservation and development shall attempt to obtain the records described in clause (B) of subparagraph (ii) of paragraph a of this subdivision from the department of social services/human resources administration where applicable to such tenant, provided that the tenant signs any necessary release as determined by the department of housing preservation and development. (c) The commissioner of housing preservation and development shall provide any such tenant who is denied such services with (i) written notice of such decision, (ii) the basis for such decision and (iii) information on how to appeal such decision. (Am. L.L. 2017/014, 2/15/2017, eff. 8/14/2017; Am. L.L. 2017/016, 2/15/2017, eff. 8/14/2017; Am. L.L. 2019/159, 9/14/2019, eff. 9/14/2021; Am. L.L. 2025/106, 8/13/2025, eff. 2/9/2026)

NYC Admin. Code § 26-302 Supervision of relocation activities of developers.

§ 26-302 Supervision of relocation activities of developers. The commissioner of housing preservation and development shall supervise the tenant relocation activities of any party to the contract with the city which requires such party to develop any real property in accordance with the terms of such contract, in any case where the contract provides that the commissioner shall exercise such supervision.

NYC Admin. Code § 26-303 Relocation advisory commission.

§ 26-303 Relocation advisory commission. There shall be a relocation advisory commission composed of fifteen members, who shall be appointed by the mayor. The members of the advisory commission shall hold office for one year terms and shall serve without compensation. In making such appointments, due consideration shall be given to the recommendations made by representative associations, civic and professional groups concerned with or engaged in the field of tenant relocation generally.

NYC Admin. Code § 26-304 Powers and duties.

§ 26-304 Powers and duties. The relocation advisory commission shall meet at least once a month. It shall be informed by the commissioner of housing preservation and development of, and advise him or her on, matters of procedure and policy with respect to the relocation of tenants of real property over which the department has relocation jurisdiction.

NYC Admin. Code § 26-305 Expenses of relocation.

§ 26-305 Expenses of relocation. 1. Whenever the department of housing preservation and development has incurred expenses in providing relocation services, including, but not limited to, expenses incurred in the provision of temporary housing, for tenants pursuant to subparagraph (v) of paragraph (a) of subdivision one of section 26-301 of this chapter, the department shall be entitled to reimbursement of such expenses from the owner of the building from which such tenants were relocated, if the conditions giving rise to the need for such relocation arose as a result of the negligent or intentional acts of such owner, or as a result of the failure of such owner to maintain or repair such building in accordance with the standards prescribed by the housing maintenance code, building code, health code, or any other applicable law governing such building. The department shall recover such expenses from such owner. "Owner" for purposes of this section shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, or any successor in interest of such owner or owners, a mortgagee or vendee in possession, a lienholder, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, in whole or partial possession, or directly or indirectly in control of a building. 2. The expenses incurred for which payment to the department is due under the provisions of this section shall include but not be limited to departmental costs, all expenses incurred in the provision of temporary housing, bonuses, moving expenses and any allowances given to induce tenants to relocate voluntarily, as authorized by rules of the department. 3. The department may bring an action against the owner for the recovery of such expenses. The institution of such action shall not suspend or bar the right to pursue any other remedy provided by this section or any other law for the recovery of such expenses. 4. To the extent that such expenses arise from any vacate order issued prior to the effective date of the local law that added paragraph d of this subdivision, they shall, unless fully recovered by the department, and except as herein provided, constitute a lien or liens upon such building and the lot upon which it stands, with the effect and enforcement of such lien or liens governed by the provisions of law regulating mechanics liens and by the provisions of paragraphs (a), (b) and (c) of this subdivision. To the extent that such expenses arise from a vacate order issued on and after the effective date of the local law that added paragraph d of this subdivision, they shall constitute a debt recoverable from the owner of the building at which the vacate order was issued with the effect and enforcement of such debt governed by paragraph (d) of this subdivision. (a) No such lien shall be valid for any purpose until the department shall file a notice of lien containing the same particulars as are required to be stated with reference to mechanics liens, with the further statement that the expenses had been incurred for relocation services provided pursuant to subparagraph (v) of paragraph (a) of subdivision one of section 26-301 of this chapter together with a statement of such expenses. The department may file one or more such liens for relocation expenses incurred with respect to any building within one year of incurring any such expenses. In computing such one year period, the latest date on which any expense in relation to which such notice was filed has been incurred shall be deemed the date on which all of the expenses stated in such notice were incurred. (b) Such lien or liens shall continue for a period of ten years from the time of filing of notice thereof, unless proceedings are in the meantime taken to enforce or discharge such lien or liens, which proceedings may be taken at any time during the continuance of such lien or liens or unless an order is granted within ten years from the time of the filing of any such lien or liens by a court of record or a judge or justice thereof continuing such lien or liens, in which case such lien or liens shall be redocketed as of the date of granting such order and a statement made continuing such lien or liens by virtue of such order. No lien shall be continued by such order for more than ten years from the granting thereof, but a new order and entry may be made in each successive ten-year period. Any judgment in a proceeding to enforce or discharge such lien shall constitute a lien in the same manner and from the same date as the original lien. The initiation of any such proceedings shall not suspend or bar the right to pursue any other remedy provided by this section or any other law for the recovery of such expenses. (c) Notwithstanding anything to the contrary in paragraph b of this subdivision, a lien which already exists and is currently docketed on the effective date of the local law that added this paragraph shall be deemed continued for a period of ten years commencing from the date of the last renewal or docketing of said lien, whichever is later. (d) Tax lien. (1) To the extent the department incurs any expenses in providing relocation services for tenants pursuant to subparagraph (v) of paragraph (a) of subdivision 1 of section 26-301 of this chapter, as described by subdivision 2 of this section, the department may record the charge for such expenses within 30 days of each and every payment to the provider of such services. The department may record and maintain the charges for such expenses on its records electronically. (2) A notice thereof, stating the amount due and the nature of the charge for the first payment made by the department to the provider of such services, shall be sent by the department of finance in accordance with section 11-129 of this code, and such charge shall be due and payable, notwithstanding any other provision of law, on the due and payable date provided on the statement of account containing such charge. Such notice shall constitute a final determination that: (A) the dwelling unit or, as applicable, the building, of the tenants who have been relocated was the subject of a vacate order; (B) the owner of such dwelling unit, or, as applicable, such building, is liable for expenses incurred by the department for the provision of relocation services for such tenants; and (C) such owner is liable for such expenses until the department terminates the provision of relocation services to such tenants. Such notice shall also constitute a final determination of the amount of such charge for the first payment made by the department to the provider of such services. (3) A notice of any subsequent charge for any additional payment made by the department to the provider of such services shall be sent by the department of finance in accordance with section 11-129 of this code, and such charge shall be due and payable, notwithstanding any other provision of law, on the due and payable date provided on the statement of account containing such charge. Such notice shall constitute a final determination of the amount of any such charge and shall not constitute a new determination of the provisions described in clauses (A), (B) and (C) of subparagraph 2 of this paragraph. (4) An owner, as defined in subdivision 1 of this section, may seek judicial review of such charge through a proceeding under article seventy-eight of the civil practice law and rules as of the date the department of finance sent the notice described in subparagraph (2) or (3) of this paragraph. In any such proceeding, the validity of the lien shall not be subject to review based on the lawfulness of the order for such building or part thereof to be vacated. (5) All expenses incurred by the department for the provision of relocation services shall constitute a lien upon the building and the lot upon which it stands, when the charge for such expenses is not paid as of the due and payable date provided on the statement of account containing such charge. Such lien shall have a priority over all other liens and encumbrances on the building and the lot upon which it stands except for the lien of taxes and assessments. (6) If such charge is not paid by the date when such charge is due and payable in accordance with subparagraph (2) or (3) of this paragraph, it shall be the duty of the department of finance to receive interest thereon, to be calculated to the date of payment from the due and payable date. The rate of interest applied to such unpaid charge shall be the rate applicable to such building for nonpayment of taxes on real property pursuant to subdivision (e) of section 11-224.1. (7) Such charge and the interest thereon shall continue to be, until paid, a lien upon the building and the lot upon which it stands. Such lien shall be a tax lien within the meaning of sections 11-319 and 11-401 of this code and may be sold, enforced or foreclosed in the manner provided in chapters 3 and 4 of title 11 of this code. (Am. L.L. 2019/159, 9/14/2019, eff. 9/14/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1997/065.

NYC Admin. Code § 26-306 Tenant education and outreach on residential vacate orders due to damage caused by fires.

§ 26-306 Tenant education and outreach on residential vacate orders due to damage caused by fires. a. The department of housing preservation and development, in consultation with the fire department and department of buildings, shall develop procedures to notify tenants of dwelling units in multiple dwellings regarding the issuance of residential vacate orders by the department of housing preservation and development following a fire. Such procedures shall include, but need not be limited to, posting a notice at the site about how tenants can obtain relevant information and materials in each of the designated citywide languages, as defined in section 23-1101, including: 1. The housing information guide required pursuant to section 26-1102; 2. Information on what actions may constitute harassment, as defined in paragraph 48 of subdivision a of section 27-2004, in relation to the issuance of residential vacate orders; 3. Information on the process for rescinding vacate orders issued by the department of housing preservation and development; and 4. Information on where tenants can find additional resources, including those that are available through the website of the department of housing preservation and development. b. The department of housing preservation and development shall designate a person on site to distribute copies of such notice to any tenants seeking additional information regarding the issuance of residential vacate orders by the department of housing preservation and development. Such copies shall be made available in each of the designated citywide languages, as defined in section 23-1101, either on site or through technology provided by the onsite designee, such as a quick response code or a near field communication tag, by which an individual with a properly equipped mobile device may directly access such notice. (L.L. 2024/089, 10/12/2024, eff. 2/9/2025)

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/0-0-0-46909Fetched: 10/24/2026