Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-1

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
FreeportStatutory Standards

Operative Text

Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-1
A. Definitions. Certain words, when used in this chapter, unless otherwise expressly stated or unless the context or subject matter otherwise requires, are defined as follows: BUILDING or BUILDINGS Refers exclusively to residence buildings now or hereafter existing. Residence buildings are buildings or structures in any part of which sleeping accommodations are provided, except such as for other reasons may be classed as public buildings, hotels, rectories and convents. CELLAR or BASEMENT DWELLING UNIT A space in a residence building or any part of which is below the grade of the property nearest to such space. DWELLING UNIT A building or each portion of a building occupied by one family. LIVING ROOM A room which is not a public hall, public room or other public part of a dwelling; provided, however, that except as hereinafter stated, every room used for sleeping purposes shall be deemed a living room. Closets, water closet compartments, bathrooms, cooking spaces and halls and passageways entirely within a dwelling unit shall not be deemed to be living rooms. NUISANCE Embraces public nuisances known at common law or in equity jurisprudence and whatever is dangerous to human life or detrimental to health and whatever dwelling is overcrowded or is not provided with adequate means of ingress and egress or is not sufficiently supported, ventilated, sewered, drained or cleaned and whatever renders the air or human food or drink unwholesome are also severally, in contemplation of this chapter, nuisances. All such nuisances are hereby declared illegal. OCCUPIED or OCCUPANCY As applied to any building or dwelling unit, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or occupancy." OR and AND May be construed interchangeably where such meaning is necessary to effectuate the purposes of this chapter. OWNER Includes the record owner of the title to any premises and also anyone exercising the rights of ownership therein at the time of the making of any order with regard thereto by the Village Board and shall include a lessee of the entire building or structure, other than a single-family private dwelling, or a mortgagee in possession. PERSONS INTERESTED Includes the owner, as herein defined, and all other persons interested in the property to which such words refer. PUBLIC HALL A hall, corridor or passageway not within a dwelling unit. PUBLIC ROOM or PUBLIC PART A portion of a building used or designed or intended to be used in common by the occupants of two or more dwelling units in such building or exclusively for mechanical equipment of such building or for storage purposes. RENTAL PREMISES Any premises occupied under or by virtue of a rental or lease agreement, verbal or written, or where any sum or thing is paid for occupancy or charge is made for use and/or occupancy or where occupancy is pursuant to a contract of purchase or installment payment contract or free of payment by the occupant where payment is made by another or any other occupancy or arrangement for charge of any kind. REPAIR Includes any alteration, structural change or the performance of any act necessary or requisite to make any building or structure or any part thereof, found by the Village Board or Superintendent of Buildings to be a dangerous building or a substandard building, within the purview of this chapter. SUPERINTENDENT OF BUILDINGS The person in charge of the Building Department of the Village or his duly authorized representative. TOILET Includes a washbasin and a water closet, including the space occupied by them, together with all proper water connections. VILLAGE The Village of Freeport. VILLAGE BOARD The Board of Trustees of the Village. VILLAGE COUNSEL The counsel of the Village and any other counsel appointed by the Village Board to enforce the provisions of this chapter. B. Usage. Where necessary, the singular shall include the plural and the plural the singular. The word "person" shall include a partnership, corporation, association or trustee.
Source: Legislative text reproduced verbatim
Plain English

Section 128-1 of Freeport, N.Y., Code of Ordinances Chapter 128 establishes the foundational vocabulary used throughout the chapter governing residential housing standards. It defines key terms—such as "dwelling unit," "owner," "nuisance," "rental premises," and "superintendent of buildings"—that determine how the chapter's requirements apply to specific properties, people, and conditions. Notably, the provision declares all defined nuisances, including overcrowded or inadequately ventilated dwellings, to be illegal under village law. These definitions shape the scope and interpretation of every other rule in the chapter.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating within the Village of Freeport should be familiar with the definitions set out in Chapter 128, Section 128-1, because they determine who qualifies as an "owner" and what properties fall under the chapter's jurisdiction. The definition of "owner" is broad—it can include lessees of an entire building or a mortgagee in possession—meaning responsibility for compliance may extend beyond the record titleholder. Operators of "rental premises," as broadly defined here, are generally expected to ensure their properties do not meet the definition of a "nuisance," which encompasses overcrowding, poor ventilation, inadequate drainage, and similar conditions declared illegal by this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants living in Freeport rental housing benefit from understanding the definitions in Chapter 128, Section 128-1, because these terms establish what conditions are considered illegal "nuisances" under village law—including overcrowded dwellings, inadequate ingress and egress, and unsanitary conditions. The broad definition of "rental premises" means most occupancy arrangements, whether under a written lease or otherwise, fall within the chapter's protections. Tenants who believe their housing conditions meet the chapter's definition of a nuisance may consider documenting those conditions, contacting the Village of Freeport's Building Department (overseen by the Superintendent of Buildings as defined in this section), or reaching out to a local tenant-rights organization for general guidance.

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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References Out

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References In

Rules and statutes that cite this regulation

Freeport Code § 128-2
Freeport Code § 128-7
Freeport Code § 128-6
Freeport Code § 128-15
Freeport Code § 128-6
Freeport Code § 128-2
Freeport Code § 128-7
Freeport Code § 128-6
Freeport Code § 128-2
Freeport Code § 128-23
Freeport Code § 128-6
Freeport Code § 128-37
Freeport Code § 128-7

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 244.850
Basement space may be habitable

Source Information

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