New Castle, N.Y., Code of Ordinances ch. 78 (eCode360 ed. 2026) § 78-4
Enforcement
Operative Text
A. Within 30 days after the alleged occurrence of a prohibited act as hereinbefore defined, any person claiming to be aggrieved by another person's having engaged in one of the said prohibited acts may file with the Town Attorney a verified complaint, in writing, which shall state the name and address of the property owner, the address of the property involved, the name and address of the individual, agent or lending institution which allegedly engaged in one of the prohibited acts and a detailed statement describing the alleged prohibited act; and upon receiving a verified complaint, the Town Attorney, on behalf of the Town of New Castle, after due notice to the person complained against and after such investigation as he deems appropriate, may seek the imposition of a fine, as hereinafter provided, for any violation of this chapter. B. If authorized by the Town Board, the Town Attorney shall promptly apply to a court of competent jurisdiction for a restraining order or temporary injunction, or both, to compel compliance with or prevent a breach of this chapter. C. Notwithstanding any other provision of this chapter, a person who claims to be aggrieved by an alleged occurrence of a prohibited act shall have a cause of action in any court of appropriate jurisdiction to compel compliance with or prevent a breach of this chapter; provided, however, that any such action must be brought within 60 days after the alleged violation and notice thereof must be given to the Town Attorney.
Section 78-4 of New Castle, N.Y., Code of Ordinances ch. 78 establishes two parallel enforcement paths for alleged violations of the chapter's prohibited acts. A person who believes they have been harmed may file a written verified complaint with the Town Attorney within 30 days of the alleged act, after which the Town Attorney may investigate and seek a fine. Separately, an aggrieved person retains an independent right to bring a civil action in a court of appropriate jurisdiction within 60 days of the alleged violation, provided the Town Attorney receives notice of that action.
Plain English — not legal advice.
Property owners and their agents operating under ch. 78 should be aware that § 78-4 creates both an administrative complaint process and a private right of action that can run concurrently. A compliant operator generally maintains clear records of all transactions and communications related to the property so that, if a verified complaint is filed with the Town Attorney, relevant documentation is readily available during any investigation. Because the Town Attorney may also seek injunctive relief if authorized by the Town Board, operators typically ensure their practices conform to the chapter's requirements on an ongoing basis rather than waiting for a complaint to arise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 78-4, a person who believes they have been harmed by a prohibited act has the right to file a verified written complaint with the Town Attorney within 30 days of the alleged occurrence, triggering a potential investigation and fine proceeding. In addition, the same person may independently pursue a civil court action within 60 days of the alleged violation, as long as the Town Attorney is notified of that action. Tenants who believe their rights under ch. 78 have been violated may wish to consult a tenant-rights organization or legal aid provider to understand which of these enforcement paths, or combination of paths, may be available given their circumstances.
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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