Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-38
Responsibilities of owner or occupant
Operative Text
Owners and occupants of dwelling units shall be responsible for compliance with this article in regard to the following: A. Limiting occupancy of that part of the premises which he occupies or controls to the maximum permitted by the chapter. B. Maintenance of that part of the premises, which he occupies or controls, in a sanitary and safe condition. C. Maintenance of all plumbing, cooking and refrigeration fixtures and appliances as well as other building equipment and storage facilities in that part of the premises which he occupies or controls and providing reasonable care in the operation, maintenance and use thereof. D. Keeping exits from his dwelling unit clear and unencumbered. E. Disposal of garbage and refuse into provided facilities in a sanitary manner. F. Extermination of insects, rodents and other pests within his dwelling unit if his unit is the only one infested on the premises. G. Hanging, maintaining and removing required screens. H. Keeping his domestic animals and pets in an appropriate manner and under control.
Freeport, N.Y., Code of Ordinances ch. 128 § 128-38 establishes that both owners and occupants share responsibility for maintaining the portions of a dwelling they occupy or control. The rule covers a broad range of obligations, including keeping occupancy within permitted limits, maintaining sanitary and safe conditions, keeping exits clear, properly disposing of refuse, handling pest infestations confined to a single unit, managing screens, and controlling pets. Responsibility is allocated based on who occupies or controls the relevant part of the premises, meaning both landlords and tenants can be held accountable depending on the circumstances.
Plain English — not legal advice.
Under Freeport, N.Y., Code of Ordinances ch. 128 § 128-38, property owners generally ensure that the portions of a building they control—such as common areas, shared systems, and vacant units—are kept in safe, sanitary condition and within lawful occupancy limits. Compliant operators typically maintain plumbing, cooking, and refrigeration fixtures in working order and keep shared exits unobstructed. Owners also commonly document the condition of units at move-in and move-out to clarify which party controls a given area, since responsibility under this section tracks occupancy and control.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 128-38 of Freeport's housing code makes clear that tenants, as occupants, carry direct responsibility for the parts of a dwelling they control—including keeping exits clear, disposing of refuse properly, managing pets, and handling pest extermination when only their unit is affected. Tenants who believe a landlord is failing to meet obligations on the portions the landlord controls may have grounds to raise a code violation, and local housing or code enforcement offices can be a starting point for filing a complaint. Tenant-rights organizations familiar with Freeport's local ordinances can help occupants understand how § 128-38 applies to shared versus individually controlled spaces.
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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