Displaced by a fire or vacate order in NYC: where to get help

If a fire or a city vacate order forces you out of your NYC apartment, call the American Red Cross Greater New York chapter (877-733-2767) to ask about immediate disaster help, and contact HPD Emergency Housing Services (212-863-7660) about temporary housing. You can be eligible for HPD emergency housing even if your apartment was an illegal unit, and the city can bill your landlord for the cost.

Your lease doesn’t automatically end. You have choices about whether to wait to return or end the tenancy, and the owner must tell you when you can move back. This guide walks through the first days, your housing and rent rights, insurance and replacing documents.

The first 72 hours

1. Right away

   Get safe and accounted for

   Follow FDNY instructions. Don’t go back in until the fire department says it is safe, and don’t go into any unit or building with a posted vacate order. Let family know where you are.

2. Same day

   Contact the Red Cross and HPD

   Call the Red Cross Greater New York chapter and tell them where you are and what you need tonight. Ask HPD Emergency Housing Services whether you qualify for temporary housing while the building is repaired.

3. Same day

   Photograph everything you can safely see

   Photos and video of the damage, the posted vacate order, and your belongings help with insurance claims, your landlord and any later court case.

4. Within 24–48 hours

   Call your renters insurance company

   Report the loss, ask what your policy covers for living expenses, and get a claim number. Keep every hotel, food and transport receipt.

5. Within the first week

   Write to your landlord

   Give your temporary address and phone number in writing, ask about the repair timeline, and say you intend to return (if you do). Keep a copy.

What a vacate order means

A vacate order (HPD calls it an Order to Repair/Vacate) is issued when a building or apartment is not safe to live in, for example because of fire damage, no essential services, or no safe exit. HPD or the Department of Buildings can issue one. It is posted at the building, mailed, and filed with the County Clerk. Once it is in place, no one can live in the covered space until the agency lifts it.

The owner must make the repairs and then ask HPD for a dismissal inspection. HPD can require the owner to show it made a reasonable effort to notify vacated tenants before it lifts the order, and the owner faces civil penalties of at least $5,000 for each unit re-occupied before HPD dismisses the order. You can check whether your building has an active order on Roofy’s building lookup; see vacate orders explained.

Emergency housing: who helps with what

HPD provides relocation services under section 26-301 of the city’s Administrative Code and can seek repayment from the owner under section 26-305. For orders issued on or after September 14, 2021, these charges are billed through the Department of Finance and, if unpaid, become tax liens on the property. That gives owners a strong reason to finish repairs.

Your lease and your rent

Option 1: End the tenancy

New York Real Property Law § 227 says that when a building is destroyed or damaged so badly that it is unfit to live in, and it wasn’t your fault, you may move out and surrender the apartment. You then owe no rent for the time after you surrender, and any rent you paid in advance is adjusted to that date. This applies unless your written lease says otherwise, so read the fire or casualty clause in your lease.

Option 2: Keep your lease and return after repairs

If you want to go back, tell the owner in writing. For HPD Commissioner’s Orders, HPD says owners must notify vacated tenants, including those HPD rehoused, of their right to re-occupy once the order is rescinded. Keep your lease, your rent receipts and the vacate order notice, and keep the owner and HPD updated with your current address so the notice reaches you.

Whether you owe rent for an apartment you can’t live in depends on your lease and the facts. New York’s warranty of habitability ties rent to a livable home, but get advice before stopping payment, especially if only part of the apartment is affected.

Insurance claims

According to the New York Department of Financial Services, a renters policy typically covers personal property, loss of use, personal liability and medical payments to others, and fire and smoke are standard covered causes. Better policies pay additional living expenses while your home is repaired.

1. 1

   Report the claim fast and get a claim number

   Ask in writing what your policy pays for temporary housing, meals and transport, and whether there is a daily or total limit.
2. 2

   Make an inventory

   List every room and item, with rough age and cost. Use old photos, online order history and bank statements to reconstruct it.
3. 3

   Know your valuation

   Actual cash value pays the depreciated value; replacement cost pays what it costs to buy new. Your declarations page says which you have.
4. 4

   Keep every receipt

   Hotel, food above your usual grocery cost, laundry, transport, replacement clothing and toiletries. Keep them in one envelope or folder.
5. 5

   Don’t throw out damaged items too soon

   Ask the adjuster first; they may need to see them.

No renters insurance? Ask the Red Cross and 311 about emergency help, and see Renters insurance: what it covers for next time.

Replacing documents

• NYC birth certificates: the city Health Department issues them for people born in the five boroughs. They cost $15 per copy; ordering online through VitalChek is fastest, mail takes about 12 weeks plus delivery, and in-person service at 45 Lafayette Street requires an appointment. For a housing-related emergency with no appointment available, DOHMH says to call 311 or email [email protected].
• Other IDs and cards: Social Security cards, passports and driver’s licenses are replaced by the issuing agency (Social Security Administration, U.S. Department of State, NY DMV). Call 311 if you aren’t sure where to start.
• Leases and rent records: ask the landlord for copies. If you are rent stabilized, you can request your rent history from the state; see how to request your rent history.
• Program deadlines: if a fire made you miss a deadline, ask for an extension. For example, the city’s Rent Freeze Program (SCRIE/DRIE) accepts late filings for exceptional circumstances including fire damage if your benefit expired less than 12 months ago. See SCRIE and DRIE.

The U.S. Fire Administration’s free booklet “After the Fire: Returning to Normal” covers the first 24 hours, insurance, valuing property, replacing documents and salvage in more depth.

If the owner drags out repairs

• Check the building’s HPD and DOB records for open violations, permits and the order status on Roofy.
• Tenants can bring an HP action in Housing Court to get repairs ordered.
• Organize with displaced neighbors; a group letter and shared legal help carry weight. See tenant association rights.
• If the owner seems to be using the fire to push tenants out, see Tenant harassment in NYC.

This is general information, not legal advice. What you owe and your right to return can depend on your lease, the cause of the fire and your apartment’s regulatory status.