Monroe, N.Y., Code of Ordinances ch. 40 (eCode360 ed. 2026) § 40-28
Denial of permit application
Operative Text
A. Basis for denial. Any application for a rental permit, including the renewal or transfer of a permit, can be denied for the reasons set forth in § 40-36 . In the event an application is denied, notice of denial shall be given in writing and served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the notice is returned by the post office as undeliverable for any reason, as long as it was properly addressed, service of the notice shall be deemed valid. B. Notice of denial. The notice of denial shall set forth the grounds therefor and contain a statement that the applicant may appeal such denial by filing a written request for an appeal thereof with the Monroe Town Clerk within 20 days of receipt of the notice of denial and notice that payment of the fee set forth in the Town Fee Schedule shall be required to cover the costs of processing the appeal. The notice shall also contain a statement that the applicant may submit written objections to the denial, and any other information the applicant deems advisable or necessary. The Town Clerk shall forward a copy of the appeal to the Town Attorney and the Building Inspector for further review and processing. C. Notice of hearing. Notice of the date, time and place of the hearing shall be given in writing and served by registered or certified mail, return receipt requested to the applicant at the address shown on the application. The notice shall contain a statement that (1) the applicant is entitled to be represented by legal counsel at the hearing and may present the testimony of witnesses and such other evidence in his or her own behalf as may be deemed relevant or necessary, and (2) in the event the applicant fails to appear for the hearing, the denial shall remain in full force and effect and be final. D. Conduct of hearing. The hearing shall occur before the Town Board and may be adjourned by the Town Board only upon good cause shown, unless otherwise agreed to between the Town and the applicant. At the hearing the applicant shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. The applicant may present the testimony of witnesses, experts and other evidence in his or her own behalf as he or she deems advisable. The Building Inspector, Code Enforcement Officer or other witness may appear and give testimony or submit evidence in support of the determination to deny a permit, or to deny the transfer or renewal of same, as deemed necessary by the Town. All hearings shall be recorded either by a stenographer or by an audio recording. E. Town Board review. The Town Board shall consider the evidence presented and shall submit its findings in writing within 30 days of the close of the hearing. A copy of the Town Board's written determination shall be filed with the Building Inspector and the Monroe Town Clerk and served on the applicant or applicant's attorney in the same manner as the original notice. F. Final order. The failure of the applicant or his attorney to appear and participate at the scheduled hearing shall result in the automatic affirmance of the denial. The final order of denial shall be served upon the applicant or applicant's attorney in the same manner as the original notice of denial. G. Reapplication for a permit. Once an application has been denied, no reapplication for a permit, or a renewal or transfer of a permit, shall be accepted for filing until the applicant has satisfactorily remedied the conditions that formed the basis for denial to the satisfaction of the Town.
Monroe, N.Y., Code of Ordinances ch. 40 § 40-28 establishes the process by which a rental permit application — including renewals and transfers — may be denied in the Town of Monroe. When a denial is issued, the applicant receives written notice by certified and regular mail explaining the grounds for denial and describing the right to appeal within 20 days to the Monroe Town Clerk, with an associated fee. A formal hearing before the Town Board follows, after which the Board issues written findings within 30 days; if the applicant does not appear, the denial is automatically affirmed and becomes final.
Plain English — not legal advice.
Property owners and managers operating in Monroe should be aware that under § 40-28, a denial of a rental permit — or its renewal or transfer — triggers a formal multi-step process with strict deadlines. Compliant operators generally keep their application address current so that certified-mail notices are received, respond promptly to any denial notice within the 20-day appeal window, and pay the required appeal fee listed in the Town Fee Schedule. Operators who wish to reapply after a denial must first demonstrate to the Town's satisfaction that the underlying conditions cited as grounds for denial have been corrected.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants, § 40-28 is relevant because it governs whether a landlord's rental permit — and thus the legal authorization to rent a unit — is in good standing in Monroe. If a landlord's permit application has been denied and no valid permit exists, tenants may wish to inquire with the Monroe Building Inspector or Town Clerk about the status of a property's permit. Tenant-rights organizations familiar with Monroe's rental regulations can help residents understand what options may be available when a rental unit is operating without a valid permit.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation