Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-23
Defects preventing human occupancy
Operative Text
Any buildings which shall have any or all of the following defects shall also be deemed and are hereby declared substandard buildings and shall not be used for human occupancy: A. Cellar or basement units. Any cellar or basement unit or any living room in which 2/3 or more is below the mean grade level thereto, provided that if such cellar or basement dwelling unit shall be vacated and shall cease to be used for dwelling purposes, then and in that event such building shall cease to be a substandard building because of the existence therein of such dwelling units. Mean grade level shall be determined by averaged ground level within the distance of the first 10 feet from the outside wall of such cellar or basement. B. Dilapidated and unfit buildings. Those which have become or are so dilapidated, decayed, unsafe and unsanitary that they are unfit for human habitation or are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those who live or may live therein. C. Inadequate light, air and sanitation. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who do or may live therein. D. Unsafe, unsanitary or dangerous buildings. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village.
Freeport, N.Y., Code of Ordinances ch. 128 § 128-23 identifies four categories of buildings that are legally classified as 'substandard' and barred from human occupancy: cellar or basement units where two-thirds or more of the space sits below mean grade level, buildings that have become so dilapidated or decayed as to be unfit for habitation, structures with inadequate light, air, or sanitation, and buildings whose overall condition poses a danger to health, morals, safety, or general welfare. A cellar or basement unit loses its substandard designation under this section if it is vacated and permanently removed from use as a dwelling. The provision establishes objective and condition-based triggers rather than leaving the determination entirely to discretion.
Plain English — not legal advice.
Under Freeport, N.Y., Code of Ordinances ch. 128 § 128-23, compliant property operators do not rent or allow occupancy of any unit that falls into the four defined substandard categories, including below-grade cellar or basement spaces where two-thirds or more of the unit is beneath mean grade. Operators who discover a unit may meet one of these definitions—such as deteriorating structural conditions, poor ventilation, or inadequate sanitation—generally take the unit out of service and address the underlying deficiencies before re-occupancy. Keeping documentation of inspections, repairs, and grade-level measurements for basement spaces can help demonstrate ongoing compliance with § 128-23.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 128-23 of Freeport's Code of Ordinances ch. 128 gives tenants a basis to question the legality of their occupancy if their unit is a below-grade cellar or basement space, or if the building is dilapidated, poorly ventilated, unsanitary, or otherwise dangerous. Tenants who believe their unit may qualify as substandard under this provision can contact the Village of Freeport's code enforcement or building department to request an inspection. Tenant-rights organizations and legal aid services familiar with Nassau County housing law can help residents understand what options may be available when a unit is found to violate § 128-23.
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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