Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-64
Broker's/agent's responsibility
Operative Text
A. Broker's/agent's responsibility prior to listing. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any broker or agent to list, solicit, advertise, exhibit, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental permit has not been issued by the Building Inspector or his/her designee. It shall be the broker's or agent's duty to verify the existence of a valid rental registration before acting on behalf of the owner. B. It shall be unlawful and a violation of this chapter to accept a deposit of rent or security, or a commission, in connection with the rental of a rental dwelling unit located within the Town of Clarkstown where no valid rental registration has been issued as required under this chapter. C. In the event that a person convicted of a violation of this section shall have been a real estate broker or salesperson licensed by the State of New York, at the time such violation was committed, the Town Clerk shall transmit a record of such conviction to the Division of Licensing Services of the Department of State and make complaint thereto against such licensee on behalf of the Town of Clarkstown, pursuant to the provisions of Article 12-A of the Real Property Law.
Clarkstown, N.Y., Code of Ordinances ch. 157 § 157-64 establishes that real estate brokers and agents are prohibited from listing, advertising, showing, or otherwise marketing a dwelling unit for rent or sale unless a current rental permit has been issued by the Building Inspector. Accepting a rent deposit, security deposit, or commission in connection with an unregistered rental unit is also unlawful. If a licensed broker or salesperson is convicted under this section, the Town Clerk is required to report that conviction to the New York State Department of State's Division of Licensing Services, which can affect the individual's real estate license.
Plain English — not legal advice.
Under § 157-64, property owners working with brokers or agents should be aware that those representatives bear an independent legal duty to confirm a valid rental registration exists before taking any action to market or lease a unit. A compliant operator ensures that a current rental permit issued by the Building Inspector is in place before engaging any broker or agent, since the broker's or agent's violation can also reflect on the property's standing. Keeping permit documentation readily accessible for any representative acting on the owner's behalf is a standard practice under this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 157-64 provides tenants with a basis to question the legitimacy of a rental transaction if no valid rental registration was in place at the time a deposit or commission was accepted. Tenants who believe a broker or agent collected a deposit or security in connection with an unregistered unit in Clarkstown may have grounds to raise this as a concern with local code enforcement or the Town of Clarkstown directly. Consulting a tenant-rights organization familiar with Rockland County housing regulations can help clarify what remedies or defenses may be available under this provision.
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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