Middletown, N.Y., Code of Ordinances ch. 296 § 296-24
Unlawful acts
Operative Text
A. It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any person to: (1) Operate a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling, as defined herein, without a permit. (2) List, solicit, advertise or offer, exhibit or show to any person a rental unit in a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling for the purpose of bringing about the rental thereof unless: (a) There is a currently effective rental permit for the subject unit issued in accordance with Article III of this chapter; or (b) A full application for a rental permit for the subject unit has been submitted to the Department of Public Works. (3) Accept a deposit of rent or security in connection with the rental of a rental unit in a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling unless: (a) There is a currently effective rental permit for the subject unit issued in accordance with Article III of this chapter; or (b) A full application for a rental permit for the subject unit has been submitted to the Department of Public Works. (4) Sell a boardinghouse, rooming house, lodging house, multiple dwelling or two-family dwelling as defined herein, which does not have a permit under this article. B. In the event that a person convicted of a violation of Subsection A(4) of this section shall have been a real estate broker or salesperson licensed by the State of New York at the time such violation was committed, it shall be the duty of the City Clerk to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such licensee on behalf of the City pursuant to the provisions of Article XIIA of the Real Property Law .
Section 296-24 of Middletown, N.Y., Code of Ordinances ch. 296 establishes a set of prohibited acts related to residential rental properties, including boardinghouses, rooming houses, lodging houses, multiple dwellings, and two-family dwellings. Under this provision, operating, advertising, accepting deposits for, or selling such properties without a valid rental permit — or at minimum a pending full permit application on file with the Department of Public Works — constitutes an unlawful offense under New York Penal Law. Additionally, when a licensed real estate broker or salesperson is convicted of selling an unpermitted property under this section, the City Clerk is required to report that conviction to the New York State Division of Licensing Services and file a complaint against that licensee.
Plain English — not legal advice.
Operators of boardinghouses, rooming houses, lodging houses, multiple dwellings, and two-family dwellings in Middletown, N.Y., generally maintain a currently effective rental permit issued under Article III of ch. 296 before listing, advertising, showing, accepting deposits for, or selling any covered unit. Compliant operators typically confirm that a valid permit is in place — or that a complete application has been submitted to the Department of Public Works — before any marketing or financial transaction begins. Those who are also licensed real estate professionals should be aware that a conviction under § 296-24(A)(4) triggers a mandatory referral to the New York State Division of Licensing Services, which may affect their professional license.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 296-24 of Middletown's Code of Ordinances ch. 296 gives tenants a basis to question whether a landlord was legally authorized to rent or accept deposits for a unit at the time of the transaction. If a landlord lacked a valid rental permit — and had not even submitted a full application to the Department of Public Works — the rental activity may constitute an unlawful act under this provision. Tenants who believe this rule may apply to their situation can look into filing a complaint with the City of Middletown, raising the permit status as a relevant issue, or reaching out to a local tenant-rights organization for general information about available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.