Few notices from a city agency create more concern for a property owner than a Vacate Order.

A Vacate Order is issued when a city agency (most commonly Department of Buildings, FDNY, or HPD) determines that a condition poses a threat to the safety of occupants or the public. Depending on the circumstances, the order may require occupants to leave an entire building or only a portion of it.

In many cases, owners are surprised to learn that not all Vacate Orders are building-wide.

What Is a Partial Vacate Order?

A Partial Vacate Order applies to a specific area of a property rather than the entire building. For example, an agency may vacate:

• A single apartment
• A cellar or basement
• A commercial space
• A portion of a building undergoing construction
• Specific floors affected by unsafe conditions

While less disruptive than a full vacate, a Partial Vacate Order can still create significant challenges, particularly when tenants, businesses, or construction projects are affected.

Common Causes of Vacate Orders

Vacate Orders can be issued for a variety of reasons, including:

• Structural instability
• Fire damage
• Unsafe construction conditions
• Illegal occupancy
• Lack of required means of egress
• Dangerous electrical or plumbing conditions
• Failure to maintain critical life-safety systems

In many cases, the condition that causes the Vacate Order to be issued has existed for a long time before enforcement occurs.

Getting a Vacate Order Removed

Many owners assume that once repairs are completed, the Vacate Order will automatically be lifted. Unfortunately, that is not the case.

Removing a Vacate Order often requires:

• Correcting the underlying condition
• Obtaining permits where necessary
• Completing inspections
• Providing documentation to the issuing agency
• Receiving formal approval to rescind the order

Depending on the circumstances, multiple City agencies may be involved in the process.

Civil Penalties

Property owners must understand that a Vacate Order is not simply a recommendation, it is a legally enforceable order. If a space that is the subject of a DOB Vacate Order is found to be occupied (even without the owner’s consent), then a civil penalty of $6,000 will be issued. This is in addition to any ECB/OATH violation that may be issued and will carry a separate penalty.

Relocation Charges

When a Vacate Order affects a residential apartment or building, the consequences can be even more significant. In certain situations, HPD may provide relocation assistance to affected tenants. The costs associated with emergency housing, relocation services, and related expenses will then become the responsibility of the property owner.  These charges can accumulate quickly, particularly when multiple tenants are affected or when a vacate remains in place for an extended period of time.

Since a Vacate Order or Partial Vacate Order can have significant financial and operational consequences it is important to deal with and address the underlying issues so that the process of restoring occupancy can begin.

If your property has received a Vacate Order or Partial Vacate Order, Mark Hertz Company can help guide you through the process to have the Vacate Order removed so that occupancy can be restored.