Is Your Home In Danger of Being Vacated?
A ResidenceVacate-Awareness Guide
When we think of disasters in the city that may impact our lives, what usually comes to mind are images of storm- or fire-damaged homes. However, of the almost 3,000 disasters to which the American Red Cross in Greater New York responds to each year, more than 20% are to assist at the scene of a vacate order, during which residents are legally removed from their homes by court order.
A building is ordered to be vacated when a city agency has determined that the residence is unfit or unsafe to inhabit. There are many situations in which this can occur: illegally converted dwellings, fire-code violations, commercial spaces used as residences and structural instability, to name a few. These vacate orders, although implemented to ensure the safety and well-being of the building’s occupants, have the unfortunate consequence of leaving the residents homeless, many times with very little or no advance notice.
In the interest of making you aware of some of the situations that would warrant a vacate order, and therefore, help you avoid the hardship resulting from a sudden loss of your home, please see the information outlined below:
1. Is your bedroom or apartment in a cellar or basement?
If it is, there is a chance that you might be living in an “illegal conversion.” An illegal conversion is one or more additional dwelling units within a home that were created without first receiving the approval of the NYC Department of Buildings. Such conversions often involve the alteration or modification of an existing one- or two-family home by the addition of an apartment or bedroom in the basement or cellar. Illegal conversions are frequently created in violation of existing fire and building codes and constitute a significant danger to tenants of such apartments and to other individuals living in the buildings.
Owners with illegally converted basements and cellars may face civil and criminal penalties. Occupants of illegal basement and cellar apartments face potential dangers such as carbon monoxide poisoning, inadequate light and ventilation, and inadequate egress in the event of a fire or other emergency.
Basements are defined by New York City law as spaces that are partly below curb level but have at least one-half of their height above the curb level. Basements in private dwellings can be rented if the space meets these conditions:
- A ceiling height of at least seven feet
- Walls that are damp- and water-proofed (if subsoil conditions require it)
- Residence by only one family, with no additional boarders
- Every room must have at least one window
- The bottom of the yard or (other open space) must be at least six inches below the sill of the room’s window.
Cellars are defined by New York City law as enclosed spaces having more than one-half of their height below curb level. Cellars in private dwellings can never be lawfully rented or occupied. They can, however, be used, but not for the purposes of sleeping, eating, or as primary cooking facilities (a secondary kitchen is allowed if approved by the Department of Buildings).
2. Does your residence have only one escape route?
All residences in New York City are required to have two means of egress, or exit. In the event of fire or other emergency, residents must have access to another means of leaving the building, should the primary exit become blocked.
This means that, in addition to the door through which you normally enter and exit, there must be at least one other way in which you could easily and reasonably exit your building in an emergency. This can be simply a window of adequate size if the residence is less than two stories. For larger apartment buildings, this usually requires a well-maintained fire escape outside of that window, or an additional stairway that you can access.
These are only a few guidelines designed to give you a general idea of risk situations that may exist in your home. There are many exceptions and many other considerations to take into account. For example, even if you have a fire escape, it may be cluttered, or have an air-conditioning unit on it, in which case you would still be in violation of city codes.
Please talk with your landlord or building supervisor to determine your building’s fire-safety plan, and prepare your own family’s plan in the event of such an emergency. More information about fire safety can be found here.
The American Red Cross in Greater New York does not conduct building inspections, nor does it provide legal guidance on rental agreements. We provide humanitarian relief to individuals affected by disasters, and help people prevent, prepare for and respond to emergencies.
Unfortunately, forced building vacates are one of the most common and disruptive emergencies that affect our city on a daily basis.
As with any emergency, proper planning and foresight can reduce your risk of harm.
For more detailed information on NYC housing requirements and laws, you can contact:
