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New York Consolidated Laws

N.Y. Public Health Law § 16 (2026)

Summary action

✓ current as of May 2026
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§ 16. Summary action.  Whenever the commissioner, after investigation,
is of the opinion that any person is causing, engaging in or maintaining
a condition or activity which in his opinion constitutes danger to the
health of the people, and that it therefore appears to be prejudicial to
the interests of the people to delay action for fifteen days until an
opportunity for a hearing can be provided in accordance with the
provisions of section twelve-a of this chapter, the commissioner shall
order the person, including any state agency or political subdivision
having jurisdiction, by written notice to discontinue such dangerous
condition or activity or take certain action immediately or within a
specified period of less than fifteen days.  As promptly as possible
thereafter, within not to exceed fifteen days, the commissioner shall
provide the person an opportunity to be heard and to present any proof
that such condition or activity does not constitute a danger to the
health of the people.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Does v. Hochul (E.D.N.Y 2022).
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Does v. Hochul (E.D.N.Y 2022). · cites it 2× “) On August 18, 2021, Commissioner Zucker issued a short-term “Order for Summary Action” (the “Emergency Order”) under New York Public Health Law § 16, because of “increased challenges and urgency for controlling the spread of [COVID-19]” in healthcare facilities due to…”
Algarin v. NYC Health + Hospitals Corp. (S.D.N.Y. 2023). “61 was promulgated by the Council, the New York State Commissioner issued an Order for Summary Action under the power vested in him by Public Health Law §16 to issue orders (valid for up to 15 days) to address conditions that in his view are a “danger to the health of the people.”
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