Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-40
Dual responsibility
Operative Text
Owners shall be responsible for compliance with all provisions of this code, but the occupant shall also be liable if a violation is caused by the occupant's willful act or negligence or that of any family member or guest.
Under Pelham, N.Y., Code of Ordinances ch. 54 § 54-40, property owners bear primary responsibility for ensuring that a building or unit complies with all provisions of the housing code. However, this rule establishes a form of shared or 'dual' responsibility: an occupant can also be held liable when a violation results from the occupant's own willful act or negligence, or from the willful act or negligence of a family member or guest. The provision does not eliminate the owner's baseline obligation, but it creates a parallel avenue of accountability for occupant-caused violations.
Plain English — not legal advice.
Under § 54-40, property owners and managers in Pelham remain responsible for code compliance regardless of who caused a violation, making it important for compliant operators to document the condition of units at move-in and move-out and to maintain records of any reported damage or misuse by occupants. When a violation appears to stem from a tenant's, family member's, or guest's willful act or negligence, § 54-40 provides a basis for pursuing the occupant's liability, but the owner's own compliance obligations run concurrently. Operators generally keep clear communication channels with tenants about their responsibilities under the code to help prevent and document occupant-caused conditions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54-40 of Pelham's Code of Ordinances makes clear that while owners carry the primary duty to maintain code compliance, tenants can be held liable for violations that arise from their own willful acts or negligence, or from the conduct of family members or guests they bring onto the property. Tenants who believe a violation was caused by the owner's failure to maintain the property—rather than by their own conduct—may have grounds to raise that distinction in any enforcement or legal proceeding. Tenant-rights organizations familiar with Pelham's local code can help occupants understand how § 54-40's dual-responsibility framework applies to 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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