Unsafe Building Terminology
An unsafe building is a building or structure that the NYC Department of Buildings (DOB) has found to be dangerous to people or property, because of serious damage, structural problems, or hazardous conditions.
When DOB issues an unsafe building order, the owner must quickly secure, repair, or demolish the building as directed, or the city can step in and do the work and then charge the owner for the costs.
In NYC Department of Buildings (DOB*) terminology, an “unsafe building” refers to a structure, or part of it, that poses a danger to public safety due to conditions like being open, vacant, unguarded, structurally compromised, or having hazardous parts that threaten occupants or the public.
For the owner, an unsafe building label means the DOB sends a formal notice and order telling you exactly what must be fixed and how quickly. These actions can range from simply securing doors and windows, to clearing hazards, to emptying the building and having it fully sealed if there is serious danger. You are expected to move fast: file the right repair permits, hire the proper professionals, and complete the required work on time so you do not trigger stronger enforcement such as court cases or even city‑ordered demolition if you ignore the problem. The DOB can also issue violations and fines and may require strict deadlines, and if you still do nothing, the city can do the work itself and place a lien on your property to recover the costs.
In simple terms:
An unsafe building is a serious warning that the building is not safe to live in, work in, or even walk near until it is made safe. It is both a safety risk and a legal problem for the owner, who must act quickly to secure and repair the building or face violations, fines, court action, and possibly demolition ordered and carried out by the city.
What DOB does
When a building is classified as unsafe, this triggers legal and administrative actions under NYC Administrative Code Sections 28-216.1 through 28-216.11, requiring the owner to take immediate steps to secure, repair, shore, or demolish the building as necessary.
DOB’s unsafe building orders can require actions like vacating the building, putting up fencing or scaffolding, shoring up or bracing structures, or fully demolishing unsafe parts of the building.
Authorization for Temporary Residence (ATR)
In some cases, after a building is classified as unsafe, the city does not require everyone to leave immediately. Instead, DOB or another city agency may issue an Authorization for Temporary Residence (ATR).
An ATR is a formal permission that allows people to stay in the building for a limited time while the owner completes required repairs or safety corrections. It is not a permanent solution; it is a temporary status tied to specific conditions and deadlines.
What ATR means for a homeowner
- The city has decided the building is unsafe but not so dangerous that everyone must leave right away.
- You are allowed to keep tenants or residents in the building, but only under the exact conditions set by the agency.
- You must complete all required repairs by the deadlines attached to the ATR.
- If you miss a deadline or violate any condition, the city can cancel the ATR and issue a full vacate order.
ATR vs Vacate Order
An ATR and a Vacate Order are two opposite outcomes of an unsafe building case:
| ATR | Vacate Order | |
|---|---|---|
| People may stay | Yes, temporarily | No, must leave |
| Conditions attached | Yes, strict | Not applicable |
| Deadline for repairs | Yes | Yes |
| Can be cancelled | Yes, if conditions not met | Lifted when repairs done |
What you should do if your building receives an ATR
- Read all conditions attached to the ATR carefully.
- Hire a licensed architect or engineer immediately to plan and supervise the required repairs.
- File all required permits with DOB as soon as possible.
- Track all deadlines; do not miss any.
- Keep records of all work done and all communications with the city.
- Ask your architect or attorney to confirm when the ATR conditions are fully met so the status can be updated in DOB records.
In many cases, the unsafe condition is documented as an “Unsafe Building (UB)” violation in DOB’s systems, so owners should check DOB’s BIS or DOB NOW records for UB violations and follow the specific instructions there.
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