Cedarhurst, N.Y., Code of Ordinances ch. 155 (eCode360 ed. 2026) § 155-5
Duties of tenant
Operative Text
A. A tenant shall, in addition to complying with all provisions of this chapter and the multiple dwelling law applicable to him or her, be responsible for violations of this chapter to the extent that he or she has the power to prevent the occurrence of a violation. A tenant has the power to prevent the occurrence of a violation if: (1) It is caused by his or her own willful act or that of a member of his or her family or household or a guest; or (2) It is the result of his or her gross negligence, neglect or abuse or the gross negligence, neglect or abuse of a member of his or her family or household or a guest. B. The tenant, any member of his or her family or household or his or her guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his or her own willful act, gross negligence, neglect or abuse. C. The fact that a tenant is or may be liable for a violation of this chapter or any other law or is found liable for civil or criminal penalties does not relieve the owner of his or her obligation to keep the premises and every part hereof in good repair.
Cedarhurst, N.Y., Code of Ordinances ch. 155 § 155-5 establishes that tenants share responsibility for housing code violations when those violations stem from their own deliberate actions, the actions of household members or guests, or from gross negligence or abuse by any of those parties. This responsibility extends to the public areas of a rental property, not just the private unit. Importantly, a tenant's liability under this provision does not eliminate the property owner's independent obligation to maintain the premises in good repair.
Plain English — not legal advice.
Under Cedarhurst ch. 155 § 155-5, a compliant property owner continues to maintain the premises in good repair regardless of whether a tenant is found liable for a specific violation. Operators generally document the condition of units and common areas at move-in and throughout the tenancy, which can help distinguish damage caused by tenant conduct from pre-existing or owner-responsibility issues. Because § 155-5 explicitly preserves the owner's repair obligations even when tenant liability is established, property managers typically address maintenance concerns promptly rather than relying solely on tenant accountability.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cedarhurst ch. 155 § 155-5 outlines the circumstances under which a tenant may be held responsible for housing code violations — specifically when violations result from willful acts, gross negligence, neglect, or abuse by the tenant, household members, or guests, including in common areas of the building. The provision also makes clear that an owner's duty to keep the premises in good repair remains in place even if a tenant is found liable, which means tenants retain the right to a properly maintained home. Tenants who believe an owner is using this provision to avoid repair obligations may find it useful to document conditions in writing, review the full text of ch. 155, and consult a local tenant-rights organization for general guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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