Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-36
Cellar or basement units prohibited
Operative Text
No sleeping unit shall be rented or offered for rent in any cellar or basement.
Section 128-36 of Freeport, N.Y.'s Code of Ordinances prohibits any sleeping unit located in a cellar or basement from being rented out or even advertised for rent. This rule applies regardless of the condition or amenities of the space — the location itself disqualifies it from lawful rental use as a sleeping unit. The provision draws a firm line between below-grade spaces and permissible residential rental units.
Plain English — not legal advice.
Under Freeport Code § 128-36, compliant property operators do not list, advertise, or collect rent for any sleeping unit situated in a cellar or basement. Operators generally audit their properties to confirm that no below-grade spaces are being used or marketed as rentable sleeping quarters. Maintaining clear records that distinguish storage or utility areas from lawful dwelling units can help demonstrate ongoing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 128-36 of the Freeport Code of Ordinances establishes that no one may lawfully rent a sleeping unit in a cellar or basement, meaning such an arrangement may be considered an illegal tenancy from the outset. Tenants who believe they are renting a below-grade sleeping unit in violation of this provision may consider contacting Freeport's local code enforcement office to report the condition. Tenant-rights organizations familiar with New York housing law can help explain what options and protections may be available in situations involving unlawful rental units.
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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