Farmingdale, N.Y., Code of Ordinances ch. 433 (eCode360 ed. 2026) § 433-3
Applicability; conflict with other provisions
Operative Text
A. Scope. This chapter shall apply to all rental dwelling units located within the Incorporated Village of Farmingdale, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located, as in this chapter provided. Nothing herein shall be deemed to preempt the zoning of any district of the Incorporated Village of Farmingdale. Any 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 or the portion thereof in question is not occupied by the legal owner thereof. It shall also be immaterial whether rent or any other consideration is paid to the owner by the occupant of the dwelling unit as this chapter is also intended to require a permit for the use of any dwelling unit where the owner does not reside on the premises. B. Applicability. The provisions of this chapter shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations, and nothing in this chapter shall be deemed to abolish, impair, supersede or replace existing remedies of the Incorporated Village of Farmingdale, town, county or state or existing requirements of any other applicable state or local laws, ordinances, codes or regulations. In case of conflict between any provision of this chapter and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this chapter does not make legal any action or statement of facts that is otherwise illegal under any other applicable legislation.
Farmingdale, N.Y., Code of Ordinances ch. 433 § 433-3 establishes that the village's rental dwelling unit regulations apply to every rental unit within the Incorporated Village of Farmingdale, regardless of whether the unit's use is permitted under local zoning rules. Any unit not occupied by its legal owner is presumed to be rented and subject to the chapter's permit requirements, even if no money changes hands. This chapter works alongside — not instead of — existing state and local laws, and when a conflict arises between this chapter and another applicable rule, whichever standard is stricter controls. Obtaining a permit under this chapter does not legalize anything that is otherwise prohibited by other laws.
Plain English — not legal advice.
Under § 433-3, property owners and managers in the Incorporated Village of Farmingdale should understand that the rental permit requirements of ch. 433 reach every unit they do not personally occupy, whether or not rent is formally collected and whether or not the unit's use is technically permitted by zoning. Compliant operators treat the chapter as an additional layer of obligation that sits on top of — and does not replace — state and local housing codes, meaning they must satisfy whichever standard is more stringent when rules overlap. Receiving a permit under this chapter does not shield an operator from liability under any other applicable law or ordinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 433-3 of Farmingdale's Code of Ordinances confirms that the village's rental regulations cover virtually all rental dwelling units in the Incorporated Village, including units that may not be properly zoned for residential use, and that the chapter supplements rather than replaces other state and local tenant protections. Because the stricter of any conflicting rules applies, tenants may have access to protections from multiple overlapping legal frameworks simultaneously. Tenants who believe a landlord is operating without a required permit or violating applicable housing standards can explore options such as raising the violation with the village, contacting a tenant-rights organization, or consulting an attorney familiar with New York 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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