Port Jefferson, N.Y., Code of Ordinances ch. 205 (eCode360 ed. 2026) § 205-4
Rental occupancy permit required; application
Operative Text
A. It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any person or entity who owns or rents a dwelling unit in the Village of Port Jefferson to use, establish, maintain, operate, let, lease, sublease, rent or suffer or permit the occupancy and use thereof as a rental occupancy without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation. (1) Rebuttable presumption of rent. Any dwelling, dwelling unit, rooming house, rooming unit or any other premises subject to this chapter shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof. B. Application for a rental occupancy permit for a rental dwelling unit shall be made in writing by the owner of the property to the Building and Housing Department on a form provided therefor. Such application shall be filed and shall contain: (1) The name, residence address, mailing address and telephone number, if any, of the owner of the dwelling unit intended for rental occupancy. (2) The street address and Tax Map designation (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located. (3) A description of the structure, including the number of rental dwelling units in the structure. (4) The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit. (5) The number of rooms and the dimensions and use of each room in the structure but outside of the rental dwelling units. (6) For each rental dwelling unit, a description of the unit, including the number of rooms in the rental dwelling unit and the dimensions of each such room. (7) A property survey of the premises, drawn to a scale not greater than 40 feet to one inch, if not shown on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, drives and other physical features of the premises and the number, location and access of existing and proposed on-site vehicle parking facilities. (8) A copy of the certificate of occupancy and/or certificate of zoning compliance and any certificates of nonconforming use as recorded by the Incorporated Village of Port Jefferson for the premises on which the rental dwelling unit intended for occupancy is located. C. Each application shall be executed by and sworn to by the owner of the premises. D. Notwithstanding the above, no rental occupancy permit shall be required for a residential care facility established under New York State guidelines.
Section 205-4 of Port Jefferson's Code of Ordinances requires that any owner or entity renting out a dwelling unit in the Village of Port Jefferson first obtain a valid rental occupancy permit from the Building and Housing Department before allowing anyone to occupy the unit as a rental. Operating a rental without this permit is classified as a violation and, under New York State Penal Law, constitutes an offense. A dwelling not occupied by its legal owner is presumed to be rented for a fee, placing the burden on the owner to rebut that presumption. Residential care facilities established under New York State guidelines are exempt from this permit requirement.
Plain English — not legal advice.
Under § 205-4, property owners in Port Jefferson who rent or intend to rent any dwelling unit must secure a valid rental occupancy permit before the unit is occupied by a tenant. The written application, submitted to the Building and Housing Department, must include detailed information such as the owner's contact information, the property's tax map designation, a description of all rooms and their dimensions, a property survey or site plan, and copies of any certificates of occupancy or zoning compliance. Compliant operators ensure the application is sworn to by the owner and that all required documentation is assembled before any tenancy begins, since operating without the permit is treated as a violation under this article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 205-4 establishes that a landlord in Port Jefferson is legally required to hold a valid rental occupancy permit before renting a dwelling unit to any tenant. Tenants who discover their unit may lack this permit can raise the landlord's non-compliance as a relevant fact in housing-related proceedings or inquire with the Village's Building and Housing Department about the permit status of their unit. Tenant-rights organizations familiar with Village of Port Jefferson regulations can help residents understand what options may be available when a landlord has not complied with § 205-4.
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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