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Monroe County, NY Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing law
Monroe County Sanitary Code § 569-35
Trigger
Building insanitary or unfit for habitation
Process
Notice and hearing before Director's order
Ultimate remedy
Mandatory vacate until sanitary

Summary

Monroe County's Health Director can order owners to repair or vacate any building found insanitary or unfit for human habitation, following notice and a hearing under the county Sanitary Code.

City-specific rules exist: Rochester has its own property blight rules that differ from Monroe County's county-level regulations. If you live in Rochester, check the city-specific page instead.

Whenever any building, dwelling or a part thereof shall become insanitary so as to be unfit for human habitation or whenever occupancy of a building or dwelling shall cause an insanitary condition on or adjacent to the premises thereof and such condition shall be determined, by the Director after due notice to the owner and a hearing thereon, to constitute a nuisance or condition detrimental to life or health, the Director may issue an order requiring the owner thereof to abate said nuisance or condition by placing said building or dwelling in a sanitary or habitable condition within a time specified in said order.

B. Upon the failure of such owner to comply with the order provided for in § 569-35A herein, the Director may issue a further order, to be affixed conspicuously upon such building or dwelling and served upon the occupant or lessee thereof and upon the owners thereof or his agent, requiring all persons to vacate such building or dwelling and to discontinue its use at such time as shall be stated in said order and until such time as the building or dwelling shall be placed in a sanitary or habitable condition and the nuisance abated. Whenever such building or dwelling has been vacated in accordance with this section, it shall not be reoccupied except by written permission of the Director.[1] [1] Editor's Note: Original Article V, Meat Inspection, which immediately followed this section, was repealed 2-1-63, by Res. No. 50-1963.

Source: NY RPAPL 1308 Zombie LawView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4802746; v60 updated 2026-02-10; through 02-10-2026).

Full Breakdown

Under § 569-35 of the Sanitary Code, when a building becomes insanitary, unfit for habitation, or causes an insanitary condition, the Director of Health -- after notice to the owner and a hearing -- may order the owner to abate the condition by a set deadline. If the owner fails to comply, the Director can order the building vacated and posted, and it cannot be reoccupied until made sanitary and the Director grants written permission.

Violations & Fines

Failing to comply with a Director's abatement order can trigger a vacate order; occupying a building posted as vacated without the Director's written permission is a Sanitary Code violation.

Frequently Asked Questions

Who enforces dangerous or insanitary building rules in Monroe County?
The Director of the Monroe County Department of Health, who can order repairs and, if unmet, order the building vacated under § 569-35.
Can a vacated building be reoccupied?
Only after it's placed back in a sanitary or habitable condition and the Director gives written permission to reoccupy.

Sources & Official References

Other rules in Monroe County

All Monroe County rules

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