Newburgh, N.Y., Code of Ordinances ch. 240 § 240-31
Local options
Operative Text
A. Pursuant to § 213-2(a) of Article 6-A of the Real Property Law of the State of New York, the City of Newburgh provides that any unit on or within a housing accommodation shall be exempt from the provisions of this article if it has a monthly rate above 345% of fair market rent as published by the United States Department of Housing and Urban Development and as shall be published for the County of Orange by the New York State Division of Housing and Community Renewal. B. Pursuant to § 213-2(b) of Article 6-A of the Real Property Law of the State of New York, the City of Newburgh defines "small landlord," for purposes of this article, to mean a landlord of no more than one unit anywhere in the State of New York.
Newburgh, N.Y., Code of Ordinances ch. 240 § 240-31 establishes two local policy choices permitted under New York State law. First, any rental unit whose monthly rent exceeds 345% of the HUD-published fair market rent for Orange County is exempt from the rent regulation protections of this article. Second, the provision narrows the definition of 'small landlord' to apply only to landlords who own no more than one rental unit anywhere in New York State, a stricter standard than the state default.
Plain English — not legal advice.
Under § 240-31, operators should be aware that the high-rent exemption threshold is tied to HUD fair market rent figures as published for Orange County by the New York State Division of Housing and Community Renewal, meaning the exemption threshold can shift as those figures are updated. The 'small landlord' classification under this section applies only to those owning a single unit statewide, so landlords with even two units anywhere in New York would not qualify for any small-landlord carve-outs this article provides. Compliant operators generally track current fair market rent publications and accurately account for all units they own across the state when assessing their obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 240-31 means that tenants in higher-rent units — those priced above 345% of the applicable fair market rent — may not be covered by Newburgh's rent regulation article, so understanding the current Orange County fair market rent figures published by HUD and the New York State Division of Housing and Community Renewal can help a tenant assess whether their unit falls within or outside those protections. The narrow definition of 'small landlord' in this provision means fewer landlords qualify for that status, which may preserve protections for more tenants. Tenants who have questions about whether their unit is exempt or whether their landlord qualifies as a 'small landlord' under § 240-31 may wish to consult a tenant-rights organization or review the current fair market rent figures directly.
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.