Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-22
Inspection before reoccupancy or reuse
Operative Text
Upon any dwelling unit located within the boundaries of the Village of Newark becoming vacant due to the dwelling unit being posted as "unfit for human habitation," the same shall not be reoccupied and reused for residential purposes unless an inspection, made under the provisions of this chapter, shall disclose the absence of any violations of the provisions of this chapter as presently or hereafter amended. For purposes of this section, a dwelling unit shall be considered to have become vacant on the last day on which the tenant shall use the same as his or her residence, notwithstanding that such date may be prior or subsequent to the expiration date of any lease or rental agreement with respect to such dwelling unit. It shall be the obligation of the owner to notify the Building Department of the Village of Newark of the existence or pendency of a vacancy in a dwelling unit subject to the provisions of this section. Prior to the time when a dwelling unit subject to the provisions of this section is to become occupied for residential purposes by a new tenant, the owner shall give to the tenant a document containing the following legend, in English, and printed or typed in a type face not smaller than 10 pitch pica: The dwelling unit which you are about to occupy is subject to the provisions of the Housing Code of the Village of Newark and may not lawfully be occupied unless it has been found to be free of violations of such code. If it is occupied in violation of such Code, the tenant may be subject to removal. Records relating to the dwelling unit may be examined at the office of the Building Department of the Village of Newark, New York.
Newark, N.Y., Code of Ordinances ch. 90 § 90-22 establishes that a dwelling unit posted as 'unfit for human habitation' cannot be re-rented or reoccupied for residential purposes until a formal inspection confirms all code violations have been cleared. The vacancy is defined as beginning on the last day the tenant actually used the unit as a residence, regardless of when a lease technically expires. Before a new tenant moves in, the owner must provide a written disclosure notice—in English, in at least 10-pitch pica type—informing the incoming resident that the unit is subject to Newark's Housing Code and that records are available at the Village Building Department.
Plain English — not legal advice.
Under Newark, N.Y., Code of Ordinances ch. 90 § 90-22, compliant property owners notify the Village of Newark Building Department as soon as a covered unit becomes or is about to become vacant, and they do not re-rent the unit until a passing inspection confirms the absence of Housing Code violations. Owners also prepare and deliver the required written disclosure legend—printed or typed in at least 10-pitch pica—to each incoming tenant before occupancy begins. Keeping copies of inspection reports, vacancy notifications, and signed disclosure documents is a practice consistent with demonstrating compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Newark, N.Y., Code of Ordinances ch. 90 § 90-22 gives incoming tenants the right to receive a written notice before moving into a unit that was previously posted as unfit for human habitation, informing them that the unit must be free of Housing Code violations before lawful occupancy. Tenants also have the right to review records related to the dwelling unit at the Village of Newark Building Department. If a tenant believes a unit was re-rented without a required inspection or without the mandated disclosure, they may consider contacting the Building Department, raising the violation as a defense in any removal proceeding, 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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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