Middletown, N.Y., Code of Ordinances ch. 296 § 296-39
Unlawful acts
Operative Text
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: A. Lease or permit the occupation of a single-family or owner-occupied two-family dwelling unit, as defined herein, without a rental permit. B. List, solicit, advertise or offer, exhibit or show to any person a rental unit in a single-family dwelling or owner-occupied two-family dwelling for the purpose of bringing about the rental thereof unless: (1) There is a currently effective rental permit for the subject unit issued in accordance with Article IV of this chapter; or (2) A full application for a rental permit for the subject unit has been submitted to the Department of Public Works. C. Accept a deposit of rent or security in connection with the rental of a rental unit in a single-family dwelling or an owner-occupied two-family dwelling unless: (1) There is a currently effective rental permit for the subject unit issued in accordance with Article IV of this chapter; or (2) A full application for a rental permit for the subject unit has been submitted to the Department of Public Works.
Middletown, N.Y., Code of Ordinances ch. 296 § 296-39 establishes that renting, advertising, or accepting deposits for single-family or owner-occupied two-family dwelling units without a valid rental permit—or at least a fully submitted permit application—is a criminal offense under New York State Penal Law. The rule applies to the full rental pipeline: listing, showing, soliciting, and collecting money are all covered activities, not just the act of signing a lease. A rental permit issued under Article IV of the chapter, or a complete pending application, is the threshold that makes each of those activities lawful.
Plain English — not legal advice.
Operators of single-family or owner-occupied two-family rentals in Middletown should be aware that § 296-39 treats permit compliance as a prerequisite to every stage of the leasing process—advertising, showing the unit, accepting a security deposit, and executing a lease. A compliant operator generally secures a currently effective rental permit under Article IV before marketing a unit, or at minimum submits a full application to the Department of Public Works before any of those activities begin. Because violations carry Penal Law consequences, operators typically treat permit status as a threshold item to verify before any rental activity commences.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 296-39 of Middletown's Code of Ordinances, tenants have an interest in knowing whether their unit was lawfully permitted at the time it was advertised, shown, and rented to them. If a landlord accepted a deposit or executed a lease without a valid permit or a fully submitted application on file with the Department of Public Works, that conduct constitutes a Penal Law offense—a fact that may be relevant in a housing dispute or complaint proceeding. Tenants who believe this provision was violated can contact the Middletown Department of Public Works to inquire about permit status, or reach out to a local tenant-rights organization for general guidance on 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.
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