Belle Terre, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-19

Penalties for offenses

In Force
Verified 11/10/2026 · Next check 12/10/2026
Belle TerreRental Registration

Operative Text

Belle Terre, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-19
A. A violation of this chapter by any owner, person, managing agent, real estate agent/ broker, designee, or tenant shall be punishable as follows: (1) A violation of § 123-5A is hereby declared to be a violation level offense punishable by a fine not less than $150 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense, and shall be considered a lesser included offense of all violations of this section; (2) A violation of § 123-5A(1) is hereby declared to be an offense punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed 15 days, or both, for a conviction of a first offense; (3) A violation of any section of this chapter other than § 123-5A and/or § 123-5A(1) is hereby declared to be an offense punishable by a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both, for a conviction of a first offense; (4) A second or subsequent violation of this chapter within an eighteen-month period is hereby declared to be an offense punishable by a fine not less than $8,000 nor more than $30,000 or imprisonment not to exceed a period of six months, or both; (5) For the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter, other than § 123-5A and/or § 123-5A(1) , shall be deemed misdemeanors and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. B. Additionally, in lieu of imposing the fine authorized in § 123-19A , in accordance with Penal Law § 80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, no less than the applicable minimum statutory fine permitted under § 123-19A nor more than double the amount of the rent collected over the term of the occupancy. C. The court may dismiss the violation or reduce the minimum fine imposed where it finds that the defendant has cooperated with the Village of Belle Terre in the investigation and prosecution of a violation of this chapter. Factors which the court may consider include, but are not limited to, a report from the office of the Village Attorney confirming that the defendant did in fact cooperate and whether: (1) The defendant reported the violation(s) to the Village of Belle Terre; (2) The defendant assisted the Village of Belle Terre in investigating and prosecuting the violation(s); (3) The defendant provided access to the rental property; (4) The defendant promptly pursued his/her/its own rights under the lease to remedy the violation or adequately pursued an eviction proceeding; (5) All violations existing at the rental property have been promptly remediated. D. Where authorized by a duly adopted resolution of the Village Board, the Village Attorney may bring and maintain a civil proceeding, in the name of the Village, in the Supreme Court, to permanently enjoin the person or persons conducting, maintaining or permitting said violation. The owner and tenants of the residence wherein the violation is conducted, maintained or permitted may be made defendants in the action. (1) If a finding is made by a court of competent jurisdiction that the defendants or any of them has caused, permitted, or allowed a violation of this chapter, a penalty to be jointly and severally included in the judgment may be awarded at the discretion of the court in an amount not to exceed $2,500 for each day it is found that the defendants or any one of them individually caused, permitted or allowed the violation. Upon recovery, such penalty shall be paid into the Village Attorney's Enforcement Fund.
Source: Legislative text reproduced verbatim
Plain English

Belle Terre, N.Y., Code of Ordinances ch. 123 § 123-19 establishes a tiered penalty structure for violations of the village's occupancy and rental regulations. Depending on which specific section is violated, fines for a first offense range from as little as $150 up to $15,000, and may also include jail time; repeat offenses within an eighteen-month window carry steeper fines up to $30,000. Courts have additional flexibility to substitute a fine based on rent collected, to reduce or dismiss penalties when a defendant cooperated with the village, and to impose civil penalties of up to $2,500 per day through a separate injunctive proceeding.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managing agents subject to Belle Terre's occupancy regulations should be aware that § 123-19 imposes escalating consequences for non-compliance, with first-offense fines varying significantly based on which provision is at issue and repeat violations within eighteen months triggering substantially higher penalties. Compliant operators generally maintain accurate records of occupancy, respond promptly to any village inquiries, and take immediate corrective action when a potential violation is identified, since § 123-19C explicitly allows courts to reduce or dismiss fines where a defendant has cooperated with the village and remediated violations. Because each day of continued non-compliance can be treated as a separate additional violation, operators typically address any identified issues without delay.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Tenants in Belle Terre should know that § 123-19 applies not only to owners and agents but also to tenants who violate the chapter's provisions, meaning renters can face fines or other penalties for their own non-compliance. The provision also contemplates civil proceedings in which tenants of a property where a violation occurs may be named as defendants, so understanding the occupancy rules that govern a rental unit is important. Tenants who believe they have been wrongly implicated, or who have questions about their rights and obligations under ch. 123, may wish to consult a tenant-rights organization or an attorney familiar with New York municipal law.

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.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Belle Terre Code § 123-5
Belle Terre Code § 123-5
Belle Terre Code § 123-19
Belle Terre Code § 123-5
Belle Terre Code § 123-15
Belle Terre Code § 123-14

Related Rules

§ 244.210
Manner of registering
§ 244.230
Posting
§ 165.10
JUST CAUSE ENFORCEMENT FEE

Source Information

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