Vacate order
A vacate order is an official city notice that orders everyone to leave a building — or part of a building — because it is not safe to stay inside. The city posts this notice after an inspector finds a serious safety problem. You cannot go back inside until the city approves the repairs and lifts the order.
Who can issue a vacate order in New York City
- The Department of Buildings (DOB*) issues a vacate order when an inspector finds a structural or safety violation.
- The Department of Housing Preservation and Development (HPD*) issues a vacate order for housing code violations in residential buildings.
- The Fire Department (FDNY*) issues a vacate order when a building has a fire hazard or a blocked exit.
- Each agency uses its own form and process, but all three orders carry the same result: you must leave immediately.
- Ignoring an order from any of these three agencies is a violation and leads to fines or police removal.
What it means and what you must do as an NYC homeowner
You receive an official order. Usually it is the red sticker on your door where everyone sees it. You cannot stay or rent out the space. The city posts a red sticker on the entrance. That sticker is the legal notice to everyone — tenants, visitors, and workers — that no one may enter. You are responsible for the building. You must act fast or the fines grow and the city can seal the building permanently.
Three facts every homeowner must know:
DOB issues it for safety reasons after inspection. Ignore it and get fines: $6,000 (first offence), $12,000 (the next one), or police may lock doors. Stay out until fixed—protect your family and avoid more trouble.
- You must leave or remove tenants within the time stated on the order. This is usually 24 hours, but the order can say less.
- You must hire a licensed professional to fix the problem that caused the order.
- You must ask DOB to inspect the repairs and officially remove the order before anyone can return.
How the process works
- 1. An inspector visits your building. DOB, HPD, or FDNY sends an inspector after a complaint, a routine check, or an emergency call.
- 2. The inspector finds a serious problem. Examples include a cracked structural wall, a missing fire escape*, blocked hallways, or an illegal basement apartment.
- 3. The agency issues the vacate order. The order is official the moment the inspector posts it or delivers it to the owner of record.
- 4. Everyone must leave. All tenants and the owner must leave the affected part of the building. The red sticker goes on the door.
- 5. You hire a licensed contractor or engineer. You must fix the exact problem listed in the order. Unlicensed work does not count.
- 6. You file the repair paperwork with the agency. DOB uses its online portal (DOB NOW*) for most filings. HPD and FDNY have their own procedures.
- 7. The agency sends an inspector to verify the repair. Do not call for this inspection until the work is fully done.
- 8. The agency lifts the order. Only then can people return. Get the lift confirmation in writing.
Penalties for not following a vacate order
Not following a vacate order is treated as a serious violation*. The consequences can be severe:
First offense — re-occupying a vacated space: civil penalty up to $6,000 per violation. Second or repeat offense: civil penalty up to $12,000 per violation.
Criminal re-occupation — police find people inside: police can remove occupants; owner may face criminal charges.
Permanent seal: the city can seal and padlock the building at the owner’s expense.
Penalty amounts can change. Always verify the current figures at the NYC Department of Buildings website before you act.
Good to know
This page is for general education only and is based on public New York City sources when available. Some technical and legal terms are simplified into plain English to help homeowners and ESL readers. It is not legal advice, and it does not replace guidance from a licensed professional. NYC construction and safety rules change often, and your project may have extra DOB*, OSHA*, or local requirements. Before you start work, always check current rules with a licensed design professional or directly with the NYC Department of Buildings.
About this page: This page uses simplified English for homeowners and ESL readers. The rules and procedures described here are based on public NYC sources. Exact timelines, penalty amounts, and filing steps can change. Always check the current official requirements before you act.
Legal note: This page is for general education only. It is not legal advice. If you are not sure what your vacate order requires, contact a licensed attorney or a licensed contractor who works on NYC DOB and HPD cases.
Official source: The official DOB procedures, rules, and guidance for vacate orders
https://www.nyc.gov/site/buildings/safety/vacate-orders.page
Related terms
Some glossary entries use an asterisk * at the end of the term (for example, violation* or permit*). This mark is only a technical tool on this website. It does not change the meaning of the word.
If you see any capital letter abbreviations on this page or in an official letter you received from the city and you do not understand them, you can try to look them up on our NYC Violation Codes HUB page with the search tool.
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