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Requirements for reoccupancy of vacant multiple dwellings

NYC Housing Maintenance Code § 27-2089 · cited Feb 3, 1960Aug 3, 2026

3,334 NYC housing violations have been issued under NYC Housing Maintenance Code § 27-2089, which is 0.0% of every HPD violation attributed to a section. 1,792 are still open, 900 of them past the legal deadline on the notice.

Open now
1,792
Open past deadline
900
Closed
1,542
All time
3,334
Share of attributed
0.0%
Class C (immediately hazardous)
1

How § 27-2089 is actually enforced

The median legal deadline on a § 27-2089 notice is 60 days. The median violation that got fixed took 1,500 days to reach “violation closed”, measured across 955 closed violations.

  • 293 notices (8.8%) sit at not complied with: the deadline passed and HPD found the condition unrepaired.
  • 6 repairs were certified after the deadline.
  • 364 notices (10.9%) are reissues: the violation was written, not fixed, and written again.
  • 453 notices (13.6%) are rent-impairing, the class of violation that can let tenants deposit rent with the court under MDL § 302-a instead of paying the owner.
  • 554 notices (16.6%) were dismissed.

What inspectors cite § 27-2089 for

The most common orders written under this section, in HPD’s own wording.

  1. Above Premises Have Been Vacant And Untenanted Except For · 1,874 · order 766
  2. The Premises Have Been Vacated By An Order Of · 1,007 · order 767
  3. The Premises Formerly A Vacant Building Are Now Occupied · 453 · order 768

Open § 27-2089 violations by borough

BROOKLYN1,085
MANHATTAN446
BRONX144
QUEENS99
STATEN ISLAND18

Buildings with the most open § 27-2089 violations

  1. 2806 MERMAID AVENUE, BROOKLYN · 6 open
  2. 225 LYNCH STREET, BROOKLYN · 5 open
  3. 573 ALABAMA AVENUE, BROOKLYN · 5 open
  4. 20 EAST 132 STREET, MANHATTAN · 5 open
  5. 622 WILSON AVENUE, BROOKLYN · 5 open
  6. 577 GREENE AVENUE, BROOKLYN · 5 open
  7. 2193 BERGEN STREET, BROOKLYN · 4 open
  8. 1934 PROSPECT PLACE, BROOKLYN · 4 open
  9. 1271 FULTON STREET, BROOKLYN · 4 open
  10. 21 CARLTON AVENUE, BROOKLYN · 4 open

Open § 27-2089 records citywide, newest first

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openviolations.org/nyc/housing-code/27-2089-requirements-for-reoccupancy-of-vacant-multiple-dwellings

Text of NYC Housing Maintenance Code § 27-2089

§ 27-2089 Requirements for reoccupancy of vacant multiple dwellings.

a. In every multiple dwelling, where all apartments, suites of rooms and single room units, at any time after July fourteenth, nineteen hundred sixty-seven: (1)Became unoccupied for a period of sixty days or more, or (2)Were, or shall become, unoccupied by reason of having been vacated by the department under the provisions of the administrative code or any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall be unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with the applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is unoccupied, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department of buildings, where required, (2) such work has been completed by the owner and approved by the department or the department of buildings where required, (3) where required by the department of buildings, a new certificate of occupancy has been obtained, and (4) the department has inspected and determined that such dwelling is habitable and may be occupied.

b. The provisions of this article shall not apply to: (1)any multiple dwelling which is vacant or partly vacant because of a current alteration being performed under application and plan approved by the department for the elimination of interior rooms or the installation of sanitary facilities as required by the provisions of the administrative code or the multiple dwelling law, or (2)any multiple dwelling which is vacant or partly vacant by reason of being used as a summer resort dwelling as defined in paragraph fortysix of subdivision a of section 27-2004 of article one of subchapter one of this chapter, or (3)any old law or new law tenement for which no certificate of occupancy has been issued, two or more apartments are being combined to create larger residential units, the total legal number of families within the building is being decreased and the bulk of the building is not being increased. (Am. L.L. 2019/159, 9/14/2019, eff. 9/14/2021)

Current through Local Law 2026/116, enacted July 11, 2026 · enacted municipal law, in the public domain · official publication

Questions people ask about § 27-2089

What is a § 27-2089 violation?

NYC Housing Maintenance Code § 27-2089, "Requirements for reoccupancy of vacant multiple dwellings", is cited on a violation when an HPD inspector finds the condition it covers. In every multiple dwelling, where all apartments, suites of rooms and single room units, at any time after July fourteenth, nineteen hundred sixty-seven: (1)Became unoccupied for a period of sixty days or more, or (2)Were, or shall become, unoccupied by reason of having been vacated by the department under the provisions of the administrative code or any provision of the multiple dwelling law on the ground that such dwelling was or is deemed unfit for human habitation or dangerous to life and health, it shall be unlawful for the owner of such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until such dwelling is made to comply with the applicable requirements of the administrative code and the multiple dwelling law affecting the kind and class of such structure. For the purpose of determining whether any such dwelling is unoccupied, occupancy of same by a janitor, superintendent or resident caretaker shall not be counted. It shall be unlawful for the owner of any such dwelling to cause or permit same to be used in whole or in part for living purposes (other than by a janitor, superintendent or resident caretaker) until (1) an application and plan for the work required by this article have been filed with and approved by the department of buildings, where required, (2) such work has been completed by the owner and approved by the department or the department of buildings where required, (3) where required by the department of buildings, a new certificate of occupancy has been obtained, and (4) the department has inspected and determined that such dwelling is habitable and may be occupied.

How long does an owner have to fix a § 27-2089 violation?

Each notice carries its own deadline set by the violation's hazard class. Across 3,334 § 27-2089 notices, the median legal deadline was 60 days from the notice date.

How long does it actually take to fix a § 27-2089 violation?

Measured across 955 § 27-2089 violations that reached "violation closed", the median took 1,500 days from the notice date, against a median legal deadline of 60 days.

Are § 27-2089 violations rent-impairing?

453 of 3,334 § 27-2089 notices (13.6%) are marked rent-impairing by HPD. When a rent-impairing violation goes unrepaired, New York's Multiple Dwelling Law § 302-a can let tenants deposit rent with the court instead of paying the owner. The specifics depend on the case.

How many § 27-2089 violations are open in NYC right now?

1,792 § 27-2089 violations are open as of Aug 7, 2026, and 900 of them are already past the legal deadline on the notice.

Where this comes from

Counted from HPD’s Housing Maintenance Code Violations dataset. Each notice is attributed to a section by HPD’s own order number where one is on record, otherwise by the section its notice text cites. 11,131,117 of the city’s 11,136,167 HPD notices are attributed that way; the share above is a share of those. Figures recomputed Aug 7, 2026.

Browse open § 27-2089 records in the live feed · All violation codes

Related reading

In the glossary: Housing Maintenance Code · order number · Class C violation · rent-impairing · all terms