Brookhaven, N.Y., Code of Ordinances ch. 21A (eCode360 ed. 2026) § 21A-9
Penalties for offenses
Operative Text
Any person convicted of violating this chapter shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days, or may be ordered to make available to the complainant the premises involved, or by all or any combination of such fine, imprisonment and order; provided, however, that if the court in which the complaint is filed has no power to impose both a fine or imprisonment and an order requiring the availability of the premises involved, the court may impose, in lieu of a sentence of a fine and/or imprisonment, a sentence of conditional discharge pursuant to § 65.05 of the Penal Law, one of the conditions of such discharge being that the defendant make available to the complainant the premises involved.
Brookhaven, N.Y., Code of Ordinances ch. 21A § 21A-9 establishes the consequences for anyone found guilty of violating the town's rental housing chapter. A conviction can result in a fine of up to $250, up to 15 days of imprisonment, a court order requiring the landlord to make the rental premises available to the complainant, or any combination of those penalties. When a court lacks authority to impose both monetary or custodial penalties and a premises-availability order simultaneously, the provision allows for a conditional discharge under New York Penal Law § 65.05, with the condition that the premises be made available.
Plain English — not legal advice.
Operators subject to Brookhaven, N.Y., Code of Ordinances ch. 21A § 21A-9 should understand that a violation of the chapter is a criminal offense, not merely a civil infraction. A compliant operator generally ensures that rental units remain available to tenants as required under the chapter, thereby avoiding the risk of fines up to $250, short-term imprisonment, or a court-ordered obligation to provide access to the premises. Maintaining clear records of unit availability and lease compliance is a practice commonly associated with operators who avoid enforcement actions under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Brookhaven, N.Y., Code of Ordinances ch. 21A § 21A-9, tenants who believe a landlord has violated the chapter have a basis to pursue a complaint that could result in criminal penalties against the landlord, including a court order requiring that the rental premises be made available to them. This provision means that a court can compel a landlord to provide access to the unit as part of a criminal proceeding, which is a meaningful remedy beyond a simple fine. Tenants seeking to understand their options under this section may wish to consult a local tenant-rights organization or legal aid office familiar with Brookhaven housing 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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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