Great Neck Plaza, N.Y., Code of Ordinances ch. 124 (eCode360 ed. 2026) § 124-58
Inspection
Operative Text
A. Authorization. (1) The Village Superintendent of Buildings ("Building Superintendent") and his designated representatives are authorized in the performance of their duties to enter the public areas of any structure during normal business hours. (2) The Building Superintendent and his representatives are authorized in the performance of their duties to enter into the non-public areas of any structure at any time with the consent of the owner or property manager of said structure. (3) The Building Superintendent and his representatives are authorized in the performance of their duties to enter into an owner-occupied residential unit at any time with the consent of the owner of said unit. (4) The Building Superintendent and his representatives are authorized in the performance of their duties to enter into a residential unit in a cooperative building occupied by a proprietary lessee at any time with the consent of the proprietary lessee of said unit. (5) The Building Superintendent and his representatives are authorized in the performance of their duties to enter into a leased or rental residential unit at any time with the consent of the unit owner or of the unit' s property manager and also with the consent of the tenant and/ or occupant of the unit. (6) Notwithstanding the above subsections, the Building Superintendent and his designated representatives are authorized to enter into any structure or residential unit without consent at any time in emergencies and/or whenever necessary to protect the public health and safety. B. Owners, agents, operators and occupants shall be responsible for providing access to all parts of the premises within their control to authorized agency personnel acting in the performance of their duties. C. Frequency; fee; affidavit in lieu of inspection. (1) All common areas in multiple dwellings and mixed-use buildings, except those in co-op and condo buildings, shall be periodically inspected to ascertain and confirm that the requisite fire extinguishers, smoke alarms, emergency lighting, handrails, carbon-monoxide detectors and self-closing exit doors in said common areas are in proper working order. (2) All residential units in multiple dwellings and mixed-use buildings, except those in co-op and condo buildings, shall be periodically inspected by the Village to ascertain and confirm that said units: (a) Have the requisite fire and smoke alarms and carbon-monoxide detectors required by law and which are in proper working order; (b) That there are no exposed electrical wires, uncovered electrical outlets or other electrical safety issues evident upon a visual inspection of such unit; and (c) That there are no other building code violations or safety issues evident upon a visual inspection of such unit. (3) The Village shall endeavor to conduct the inspections referenced in Subsections C(1) and (2) above as frequently as its resources and personnel will allow except that, absent an emergency or a complaint regarding a particular building or unit, there shall be no such inspection more frequently than once every three years. The Village shall provide the owner of building subject to inspections pursuant to Subsections C(1) and/or (2) above with at least 30 days' notice of its intent to conduct such inspections in order to allow adequate time to schedule such inspections. The owner of buildings subject to such inspections shall co-operate with the Village In scheduling and arranging the necessary access for such inspections. (4) The fee for inspection of a residential unit pursuant to Subsection C(2) above shall be 150 per unit except that, if there are more than five residential units to be inspected in the same building, the fee for each such inspection after the first five shall be $75. The amount of these fees may be changed from time to time by subsequent resolution of the Village Board of Trustees. (5) In the event the owner of a building subject to inspection pursuant to Subsection C(1) above refuses to consent to the inspection of the non-public common areas of said building by the Village, then the Village will, in lieu thereof, accept a sworn affidavit from the owner or from its property manager stating that: a) they are knowledgeable about the conditions in said common areas of the building or have caused such common areas to be inspected by a qualified professional; b) the requisite fire extinguishers, smoke alarms, emergency lighting, handrails carbon-monoxide detectors and self-closing exit doors in said common areas are in proper working order; and c) the affiant' s statements therein are true and accurate under penalty of for false statements as a Class A misdemeanor in accordance with NYS Penal Law § 210.45 . Said affidavit shall be sworn to by the building owner or its property manager and must be provided to the Village within 60 days of the date the Village notified the property owner or property manager of its intent to schedule said common areas for inspection by the Village. Failure to do so shall subject the building owner and/or property manager to the penalties set forth in § 124-61 of the Code. (6) In the event the tenant or occupant of a residential unit subject to inspection pursuant to subsection C( 2) above, or the owner of the building in which said unit is located, refuses to consent to the inspection of said unit by the Village, then, except as set forth in Subsection C(7) below, the Village will, in lieu thereof, accept a sworn affidavit from the owner of the building where the unit is located, or from its property manager, stating that a) they are knowledgeable about the conditions in said unit or have caused said unit to be inspected by a qualified professional; b) that said unit has the requisite fire and smoke alarms and carbon-monoxide detectors required by law and which are in proper working order; c) that there are no exposed electrical wires, uncovered electrical outlets or other electrical safety issues evident upon a visual inspection of such unit; d) that there are no other building code violations or safety issues evident upon a visual inspection of such unit and e) that the affiant's statements therein are true and accurate under penalty for false statements as a Class A misdemeanor in accordance with NYS Penal Law § 210.45 . Said affidavit shall be sworn to by the building owner or its property manager and must be provided to the Village within sixty (60) days of the date the Village notified the property owner or property manager of its intent to schedule said unit for inspection by the Village. Failure to do so shall subject the building owner and/or property manager to the penalties set forth in § 124-61 of the Code. (7) If a building owner cannot provide the affidavit required in Subsection C(6) above due to the refusal of a tenant of a residential unit to consent to such inspection, then, on or before the date that the owner's affidavit is due, the owner shall provide the Village with documents sufficient to corroborate that it has made a good-faith effort to obtain such tenant's consent to an inspection and that the tenant has refused to grant consent. Additionally, within 60 days thereafter, the owner of the building in which such unit is located shall commence to take all legal measures available to it in order to enforce its rights under its lease with said tenant to gain access to such unit to conduct the requisite inspection so that it can provide the required affidavit. In the event that the owner of a building contends that it has no right under its lease to compel a tenant to grant it access to the residential unit for the purpose of conducting the necessary inspection, then the owner shall provide the Village with a copy of its lease with the non-consenting tenant (with deletions of personal and financial information) to corroborate this contention. (8) Nothing herein shall be construed to prevent the Village from entering a unit or building subject to a periodic inspection under this subsection at times other than a scheduled inspection when a complaint has been made to the Village about the conditions of said unit or building, or in cases of emergency or to protect the public health and safety. (9) Nothing in the section, except for provisions concerning emergencies and public health and safety, shall be construed to authorize the Building Superintendent or his designated representatives to conduct an inspection of the non-public premises or building without the requisite consents specified herein or without a warrant duly issued by an appropriate court. D. The Building Superintendent or his designated representatives are authorized to make application to the Village Court or any other court with jurisdiction for the issuance of a search warrant in order to conduct inspections of premises within the Village required under this section where there has been a refusal to consent to said inspections and where the requisite affidavits from the building owner have not been provided. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.Under Great Neck Plaza Code § 124-58, the Village Building Superintendent is authorized to inspect public areas of buildings during business hours and non-public or residential areas with the appropriate consents. Periodic inspections of common areas and residential units in multiple dwellings check for working smoke alarms, carbon-monoxide detectors, fire extinguishers, and visible code violations. Inspections occur no more than once every three years absent a complaint or emergency, and the Village must give at least 30 days' notice before scheduling. Emergency entry without consent is permitted when public health or safety is at risk.
Plain English — not legal advice.
Under § 124-58, compliant operators in Great Neck Plaza generally cooperate with the Village's 30-day advance notice requirement and facilitate access for periodic inspections of common areas and residential units. If an owner declines inspection of common areas, a sworn affidavit confirming safety compliance—submitted within 60 days—can substitute, subject to Class A misdemeanor penalties for false statements. Inspection fees are $150 per unit for the first five units and $75 per unit thereafter. Owners who cannot obtain tenant consent must document good-faith efforts and pursue available legal remedies to gain access.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 124-58 requires that inspections of leased residential units occur only with both the owner's and the tenant's consent, except in emergencies or public-health situations. Tenants retain the right to withhold consent to a non-emergency inspection, though doing so may trigger the owner's obligation to pursue legal remedies under the lease. Tenants who have questions about their rights under this provision may consult a local tenant-rights organization or legal aid office 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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