Emergency Executive Order 439

June 24, 2023

Download Emergency Executive Order 439

WHEREAS, although the City, state, and federal governments have rescinded various public health-related measures responding to COVID-19, the City has yet to fully recover from the effects of the COVID-19 pandemic; and

WHEREAS, as of June 2023, the City’s unemployment rate is 5.4%, higher than the national rate of 3.7%, and higher than City’s unemployment rate of 4.3% in February 2020; and

WHEREAS, the City’s office occupancy rate is approximately 48% of the pre-pandemic rate, and the City’s subway ridership is at 70% of pre-pandemic levels; and

WHEREAS, this Order is given because certain emergency measures continue to be necessary for the City’s recovery from the economic, housing, transportation, and other effects of the COVID-19 pandemic; and

WHEREAS, a state of emergency related to the effects of the COVID-19 pandemic and the recovery therefrom in New York City, declared in Emergency Executive Order No. 435, dated June 20, 2023, remains in effect; and

WHEREAS, additional reasons for requiring the measures continued in this Order are set forth in Emergency Executive Order No. 435, dated June 20, 2023;

NOW, THEREFORE, pursuant to the powers vested in me 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. I hereby direct that Sections 1 through 12 of Emergency Executive Order No. 435, dated June 20, 2023, are hereby extended. 

• 2. I hereby direct the Fire Department of the City of New York, the New York City Police Department, the Department of Buildings, the Sheriff, and other agencies as needed to immediately enforce the directives set forth in this Order in accordance with their lawful enforcement authorities, including but not limited to Administrative Code sections 15-227(a), 28-105.10.1, and 28-201.1, and section 107.6 of the New York City Fire Code. Violations and directives set forth in this Order may be issued as if there were violations under the New York City Health Code, title 24 Rules of the City of New York sections 3.07 and 3.11, and may be enforced as such by the Department of Health and Mental Hygiene or any other agency named in this section.
• 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.

Eric Adams
Mayor