Middletown, N.Y., Code of Ordinances ch. 296 § 296-20

Additional criteria for granting of permits

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Verified 11/7/2026 · Next check 2/5/2027
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Operative Text

Middletown, N.Y., Code of Ordinances ch. 296 § 296-20
A. On-site parking. The boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling shall provide a minimum of one on-site parking space for the structure in which the rental units are to be located and one additional on-site parking space for each proposed rental unit therein. Such parking spaces shall be paved with asphalt, concrete or other similar materials. The applicant for a rental unit permit shall be excused from complying with the requirement to provide such minimum number of on-site parking spaces to the extent that compliance therewith shall not be possible due to the size, configuration, topography or structure coverage of the plot on which such buildings or structure is located. However, where partial compliance with such on-site parking requirements shall be possible, the applicant shall make such partial compliance with such on-site parking requirements as is possible, given the size, configuration, topography or structure coverage of the plot. The provisions of such on-site parking shall not be required in the case of an existing building or structure used as a boardinghouse, lodging house and rooming house, multiple dwelling or two-family dwelling as defined herein, on the date this article was enacted. B. Any enlargement of an existing boardinghouse, rooming house, lodging house or multiple dwelling shall require a full review under this article. C. No rental permit shall be issued for a rental unit consisting of one room only unless such room shall provide a minimum clear floor area of 150 square feet. All rooms of 100 square feet or more presently in existence and being occupied shall not be required to be enlarged unless the building is modified or enlarged. D. The permit containing the number of units and the names and addresses and phone numbers of the owner and premises manager shall be conspicuously posted at or near the principal entrance. E. The proposed use must be compatible with Chapter 475 , Zoning, of the City Code. F. No permit shall be issued to a property owner who has a tenant who owns, or has the care or custody of, or harbors any dog weighing over 30 pounds unless the owner or tenant provides the Department of Public Works with proof that the owner or tenant has procured and is maintaining a liability policy with limits not less than $100,000, combined single limit bodily injury and property damage, for injury or damage caused by the dog. The requirements of this subsection shall apply separately to each such dog harbored on the premises. It shall be the continuing obligation of the permit holder to comply with the provisions of this subsection if such dogs are brought into or harbored on the subject premises during the term of the permit. The provisions of this subsection shall not apply to any dog that: (1) Is a trained service animal for persons with disabilities; or (2) Has successfully completed the Canine Good Citizen Program of the American Kennel Club. G. There must be at least one operable fire extinguisher, 2A rated, in each dwelling unit of a permitted premises. H. Background checks. (1) Prior to accepting rent from any new tenant(s), the property owner must provide the City with written proof of a background check of such tenant(s) conducted by an entity engaged in the business of performing background checks of prospective tenants. The background check must include: (a) A credit report; (b) Criminal background report, provided, however, that such report must be limited to violent felony convictions occurring in the past seven years and to violent misdemeanor convictions occurring in the past five years. Prior to requesting the criminal background report, the person or entity seeking the rental permit must inform the lease applicant, in writing or in the same manner in which the lease application was made, that a criminal background check may be requested in connection with such application; (c) Employment verification; (d) Rental database (eviction) search; and (e) Current landlord/residence check. The background check should include an application requiring the tenant to provide information, including, but not limited to, his or her name, past rental history, including prior landlords, information on employment, income, savings, and personal and credit references.
Source: Legislative text reproduced verbatim
Plain English

Section 296-20 of Middletown's Code of Ordinances establishes several criteria that must be met before a rental unit permit can be granted. These include minimum on-site parking requirements (with hardship exceptions), minimum room sizes, conspicuous posting of permit information, zoning compatibility, liability insurance for large dogs, fire extinguisher installation, and mandatory background checks on prospective tenants. The rule applies to boardinghouses, rooming houses, lodging houses, multiple dwellings, and two-family dwellings seeking rental permits in Middletown, N.Y.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Under § 296-20, compliant operators generally ensure that paved on-site parking meets the one-space-per-unit minimum, post the permit with owner and manager contact information near the principal entrance, install a 2A-rated fire extinguisher in each unit, and verify zoning compatibility. Landlords also obtain written background checks—covering credit, criminal history (within the specified lookback windows), employment, eviction records, and current landlord references—before accepting rent from any new tenant, and submit proof to the City. Where a tenant keeps a dog over 30 pounds, operators obtain proof of at least $100,000 liability coverage per dog.

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

For Tenants

Under § 296-20, tenants in Middletown rental units have an interest in knowing that their unit must meet minimum standards—including a 150-square-foot minimum for single-room units, a posted permit near the building entrance, and an operable fire extinguisher in each dwelling unit. If a landlord fails to post the required permit or meet other criteria, tenants may raise these issues with the City's relevant permitting authority. Tenant-rights organizations in New York can help residents understand how these permit requirements intersect with their broader housing rights.

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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.210
Manner of registering
§ 244.230
Posting
§ 165.10
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