Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-35
Units unfit for human habitation
Operative Text
Whenever the Superintendent of Buildings determines that a dwelling unit, rooming house or rooming unit or premises is unfit for human habitation or use as provided in § 128-23 , he may include such findings within the notice of violation provided for in § 128-6C of this Code. He may also include a notice of his intent to vacate the dwelling, dwelling unit, rooming house, rooming unit or premises if compliance with the provisions of the notice of violation is not secured within the time specified.
Under Freeport, N.Y., Code of Ordinances ch. 128 § 128-35, when the Superintendent of Buildings finds that a dwelling unit, rooming house, rooming unit, or premises is unfit for human habitation, that determination can be incorporated into a formal notice of violation. The same notice may also include a warning that the property could be ordered vacated if the cited violations are not corrected within the timeframe specified. This provision establishes a combined enforcement mechanism linking habitability findings to both violation notices and potential vacancy orders.
Plain English — not legal advice.
Property owners and managers subject to Freeport, N.Y., Code of Ordinances ch. 128 § 128-35 should be aware that a single notice of violation may simultaneously document an unfit-for-habitation finding and signal the Superintendent of Buildings' intent to order a vacancy. Operators who maintain properties in compliance with the habitability standards referenced in § 128-23 and who respond promptly to any notice of violation issued under § 128-6C are generally positioned to avoid escalation to a vacancy order. Keeping records of maintenance, repairs, and communications with the Buildings Department is a practice commonly associated with demonstrating compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Freeport, N.Y., Code of Ordinances ch. 128 § 128-35, tenants living in a unit that the Superintendent of Buildings has deemed unfit for human habitation have a basis to understand that formal action—including a potential vacancy order—may be initiated through the notice-of-violation process. Tenants who receive or are aware of a notice of violation related to their unit may wish to document conditions, retain copies of any official notices, and reach out to a local tenant-rights organization or housing authority for information about their options. Consulting with a housing attorney or legal aid organization can help tenants understand how findings under this provision may affect their rights and any available remedies.
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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