NYC Administrative Code

§ 28-212.1 — Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in residence districts and certain other zoning districts.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 28-212.1?

Quick Answer

This section establishes that any building or land in a residential zoning district used for unauthorized purposes is considered a public nuisance. It also applies to commercial zoning districts where certain uses are not authorized without a certificate of occupancy. Applies to building owners in residential and specific commercial districts.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 28-212.1 Abatement of public nuisances caused by illegal commercial or manufacturing occupancy in residence districts and certain other zoning districts.

AC § 28-212.1

Any building or part thereof or vacant land that is located in a residence zoning district and that is occupied for a use not permitted in such district in violation of the zoning resolution, without a certificate of occupancy or other authorization of such use, is hereby declared to be a public nuisance. Any building or part thereof or vacant land that is located in a C-1 or C-2 commercial zoning district and that is occupied for a commercial or manufacturing use indicated under use group 16, 17, or 18 as described in sections 32-25, 42-14, and 42-15 of the zoning resolution, in violation of the zoning resolution, without a certificate of occupancy authorizing such use is hereby declared to be a public nuisance. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 28-212.1?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters