Emergency Executive Order 2

Download Emergency Executive Order 2

WHEREAS, pursuant to a state of emergency first declared by Emergency Executive Order No. 224, dated October 7, 2022, and subsequent orders extending such state of emergency, the City has operated Humanitarian Emergency Response and Relief Centers to provide temporary housing in response to the substantial increase in arrivals during recent years; and

WHEREAS, such orders did not provide or require a plan for actions that would be taken to eliminate the need for the suspensions and modifications of laws and rules effected by the orders; and

WHEREAS, such state of emergency continues for the present pending the expedited development and implementation of such plan; and

WHEREAS, on January 1, 2026, a new mayoral administration has taken office;

NOW, THEREFORE, pursuant to the powers vested in me as Mayor of the City of New York, by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1. Section 2 of Emergency Executive Order No. 904 of 2025, dated December 31, 2025, is hereby extended for five (5) days, provided that such extension shall apply fully only to any existing facility not operated by or on behalf of Department of Social Services (DSS) or the Department of Homeless Services (DHS); provided further that such extension shall apply to facilities operated by or on behalf of DSS or DHS only as specified in paragraphs (d), (g) and (h)(i) of Section 3 of Emergency Executive Order No. 886 of 2025, dated November 19, 2025. As a result of this Order, suspensions of laws and regulations specified in Part I of the Appendix to this Order shall no longer apply to facilities operated by or on behalf of DSS or DHS, or to any other facility that does not exist on the effective date of this Order.  Part II of such Appendix specifies suspensions that will continue to apply to all facilities subject to this Order, including any facilities operated by or on behalf of DSS or DHS, and any other facility existing on the effective date of this Order.

§ 2. By no later than February 19, 2026, which is forty-five (45) days from the effective date of this order, DSS and DHS, in consultation with the Law Department, shall develop and submit to the Mayor a plan to phase out the continued use of facilities that have been operated in reliance on the suspensions and modifications of laws and rules.

§ 3. This Emergency Executive Order shall take effect immediately and shall remain in effect for five (5) days unless it is terminated or modified at an earlier date.

_________________________
Zohran Kwame Mamdani
Mayor

APPENDIX

1. List of Laws and Regulations for Which, as a Result of this Order, Suspension No Longer Applies to Facilities Operated By or on Behalf of DSS or DHS or to Any Other Facility That Does Not Exist as of the Effective Date of This Order.  These Suspensions Continue for Any Other Facility Existing as of Such Date.
   1. Sections 195, 197-d, and 203 and subdivisions (b) through (h) of section 197-c of the Charter, and sections 1-05.5 and 1-07.5 of Title 2 and sections 2-02 through 2-07 of Title 62 of the Rules of the City of New York. (EEO No. 886 of 2025, dated November 19, 2025 (“EEO 886”), § 3, para. (a))
   2. Section 14-140 of the Administrative Code and section 12-10 of Title 38 of the Rules of the City of New York. (EEO No. 886, § 3, para. (b))
   3. Sections 28-111.1.1 and 28-111.1.2 of the Administrative Code. (EEO No. 886, § 3, para. (c)(i))
   4. Sections 28-118.3.1 and 28-118.3 .2 of the Administrative Code, Chapter 2 of Article 2, Chapter 2 of Article 3, Chapter 2 of Article 4 and any other applicable district use regulations, including in Special Purpose Districts, of the Zoning Resolution of the City of New York and any other provisions of such code, resolution or rules. (EEO No. 886, § 3, para. (c)(ii))
   5. 3 RCNY § 901-04. (EEO No. 886, § 3, para. (e))
   6. Section 28-101.4.3 of the Administrative Code, section 27-359 and the corresponding capacity requirements in table 6-1 of article 2 of subchapter 6 of chapter l of title 27 of the Administrative Code. (EEO No. 886, § 3, para. (f))
   7. Section 21-313 and Section 26-521 of the Administrative Code. (EEO No. 886, § 3, para. (h)(ii) and (iii))
   8. Subdivision (a) of section 824 of the Charter. (EEO No. 886, § 3, para. (i))
       
2. List of Laws and Regulations For Which Suspension Continues For Any Facility Subject to this Order, Including Any Operated by or on Behalf of DSS or DHS, and Any Other Facility Existing on the Effective Date of This Order
   1. Sections 21-309 and 21-312 of the Administrative Code. (EEO No. 886, § 3, para. (d) and (g))
   2. Sections 21-124. (EEO No. 886, § 3, para. (h)(i))