Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-33
Warrantless searches prohibited
Operative Text
Nothing in this article except for provisions concerning emergency inspections shall be deemed to authorize the Superintendent of Buildings or his authorized representative to conduct an inspection of any premises subject to this article without consent of the owner, tenant or occupant of the premises or without a warrant duly issued by an appropriate court.
Section 128-33 of Freeport's Code of Ordinances limits the authority of the Superintendent of Buildings when it comes to inspecting rental premises. Except in emergency situations, no inspection may take place without either the voluntary consent of the owner, tenant, or occupant, or a warrant issued by a court. This provision preserves constitutional protections against warrantless searches within the local building inspection framework.
Plain English — not legal advice.
Under § 128-33, property owners and managers retain the right to withhold consent to a non-emergency inspection by the Superintendent of Buildings. Compliant operators typically document any consent they do grant and understand that the inspector must obtain a court-issued warrant if consent is refused outside of an emergency context. Familiarity with this provision helps operators distinguish between routine inspection requests and those that carry legal compulsion.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 128-33 gives tenants and occupants a direct role in controlling access to their homes by the Superintendent of Buildings — outside of emergency inspections, an inspector generally needs either the occupant's consent or a valid court warrant to enter. Tenants who believe an inspection was conducted without proper authorization may raise that violation as a defense in related proceedings or bring the matter to a local tenant-rights organization for guidance. Reviewing the full context of ch. 128 can help tenants understand where the emergency-inspection exception begins and ends.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation