Port Jefferson, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-41
Designation of unfit dwellings; vacation
Operative Text
A. Unfit dwelling units. Any dwelling unit, rooming house or rooming unit having any of the defects found in Subsection A(1) , (2) , (3) and (4) may be designated by the Building Inspector as unfit for human habitation and may be so placarded. (1) The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public, as are required by this chapter. (2) The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public. (3) The structure, because of the general conditions, state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public. (4) The structure, because of the failure of the owner or occupant to comply with such notices or orders issued pursuant to this chapter, is unfit for human habitation. B. Notice of intent to vacate. Whenever the Building Inspector determines that a dwelling, dwelling unit, rooming house or rooming unit is unfit for human habitation as provided in Subsection A , he may include such finding within the notice of violation provided for in § 161-34 of this chapter. He may also include a notice of his intent to vacate and placard the dwelling, dwelling unit, rooming house or rooming unit if compliance with the provisions of the notice of violation is not secured within the time specified. C. Order to vacate. Whenever a notice of violation, as provided in Subsection B , has not been complied with, the Building Inspector may order the dwelling, dwelling unit, rooming unit or rooming house to be vacated. A copy of such order to vacate shall be served on the occupant and owner, agent or operator, as provided in § 161-34 of this chapter. D. Vacating of unfit dwelling. Any dwelling, dwelling unit, rooming house or rooming unit designated as unfit for human habitation pursuant to Subsection A and ordered to be vacated as provided in Subsection C shall be vacated within such reasonable time as the Building Inspector may specify in the order. No such dwelling, dwelling unit, rooming house or rooming unit shall again be used for human habitation or have the placard removed until written approval is secured from the Building Inspector. E. Removal of placard. No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation, except as provided in Subsection D . F. Vacated dwelling made secure. The owner, agent or operator of any dwelling, dwelling unit, rooming house or rooming unit which has been designated as unfit for human habitation and vacated shall make such dwelling, dwelling unit, rooming house or rooming unit safe and secure in whatever manner the Building Inspector shall deem necessary. Any vacant building, open at the doors and windows, if unguarded, shall be deemed a direct hazard or immediate danger to the health and safety of the general public.
Under Port Jefferson Code ch. 161 § 161-41, the Building Inspector has authority to formally designate a dwelling unit, rooming house, or rooming unit as unfit for human habitation when it suffers from serious deficiencies—such as lack of adequate heat, ventilation, or sanitation; structural decay; overcrowding; or an owner's failure to comply with prior orders. Once designated, the unit receives a placard and may be ordered vacated within a timeframe the Building Inspector specifies. The unit cannot be reoccupied or have its placard removed until the Building Inspector grants written approval, and the owner is responsible for securing the property in the interim.
Plain English — not legal advice.
Under § 161-41, property owners and operators whose units are found to have serious habitability deficiencies—including structural decay, inadequate utilities, or overcrowding—risk a formal unfit designation, a posted placard, and a mandatory vacation order from the Building Inspector. Compliant operators generally address any notice of violation issued under § 161-34 within the specified timeframe to avoid escalation to a vacation order. Once a unit is vacated and placarded, owners are responsible for securing the property against unauthorized entry and must obtain written approval from the Building Inspector before allowing any reoccupancy or removing the placard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 161-41 of the Port Jefferson Code establishes that tenants living in units with serious health or safety hazards—such as vermin infestation, structural damage, or lack of heat—may have those units formally designated as unfit for human habitation by the Building Inspector. If a vacation order is issued, occupants are entitled to receive a copy of that order as outlined in § 161-34, and the unit cannot legally be re-rented until the Building Inspector provides written approval. Tenants who believe their unit meets the conditions described in § 161-41 may consider contacting the Port Jefferson Building Department to request an inspection, or reaching out to a local tenant-rights organization to understand 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes that cite this regulation