Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-37

Responsibilities of owner

In Force
Verified 11/10/2026 · Next check 12/10/2026
FreeportStatutory Standards

Operative Text

Freeport, N.Y., Code of Ordinances ch. 128 (eCode360 ed. 2026) § 128-37
A. Owners of premises shall be responsible for compliance with this article and shall remain responsible therefor regardless of the fact that this section may also place certain responsibilities on operators and occupants and regardless of any agreement between owners and operators as to which party shall assume such responsibility. B. Owners of premises shall be responsible for proper maintenance, condition and operation of service facilities and for furnishing a hot-water supply, smoke and carbon monoxide detectors and window guards in multiple dwellings or rented premises. Furthermore, owners shall be responsible for making ordinary repairs as ordered by the Superintendent of Buildings, including, but not limited to, the repair or replacement of deteriorated windows and doors, defective plumbing and repair or replacement of outdated electrical systems. No separate charge shall be made for any required safety devices. C. When a unit is unoccupied, the owner shall also be responsible for those duties which otherwise would fall on the occupant. D. It shall be an affirmative defense to any prosecution for violation of this section that a landlord's performance of any of its obligations hereunder was prevented by acts of a tenant, including but not limited to refusal to permit entry, provided that the landlord establishes by a reasonable preponderance of the evidence that said landlord made every reasonable effort to secure the tenant's cooperation and in good faith satisfy its obligations hereunder. E. Wherever there shall be more than 12 families living in a multiple dwelling in which the owner thereof does not reside, the owner must provide for a janitor, housekeeper or superintendent who shall reside on the premises and have charge of same. F. In any multiple dwelling subject to the requirements of § 128-37E , the owner of the property must, by March 1 of each year, provide to the Building Department a list of phone numbers for responsible parties to be contacted in the event that the janitor, housekeeper or superintendent cannot be located on the property.
Source: Legislative text reproduced verbatim
Plain English

Freeport, N.Y., Code of Ordinances ch. 128 § 128-37 establishes that property owners bear ultimate responsibility for maintaining their premises in compliance with local housing standards, regardless of any private agreements that might shift duties to operators or tenants. Owners must keep service facilities in proper working order and supply hot water, smoke and carbon monoxide detectors, and window guards at no extra charge to occupants. In larger multiple dwellings where the owner does not live on-site, a resident janitor, housekeeper, or superintendent must be provided, and the owner must submit current contact information for responsible parties to the Building Department by March 1 each year.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 128-37, compliant property owners in Freeport maintain service facilities, hot-water systems, smoke and carbon monoxide detectors, and window guards without passing those costs to tenants, and they respond promptly to repair orders issued by the Superintendent of Buildings. Owners of multiple dwellings with more than 12 families where the owner does not reside on-site ensure a janitor, housekeeper, or superintendent lives on the premises. Each year by March 1, owners subject to § 128-37E file updated contact information for responsible parties with the Building Department, and they document good-faith efforts to gain tenant cooperation whenever access issues arise, since such documentation supports the affirmative defense recognized in § 128-37D.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 128-37 of the Freeport Code gives tenants the assurance that their owner remains legally responsible for maintenance, safety devices, and required repairs even if a separate management company or operator is involved. Tenants in qualifying multiple dwellings have the right to expect a resident superintendent or equivalent on the premises, and safety devices such as smoke detectors and window guards must be provided without any additional charge. Tenants who believe an owner is failing these obligations may consider contacting the Freeport Building Department, documenting conditions in writing, or reaching out to a local tenant-rights organization to understand the options available under § 128-37.

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.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

References In

Rules and statutes that cite this regulation

Freeport Code § 128-2
Freeport Code § 128-7
Freeport Code § 128-6
Freeport Code § 128-15
Freeport Code § 128-6
Freeport Code § 128-2
Freeport Code § 128-7
Freeport Code § 128-6
Freeport Code § 128-2
Freeport Code § 128-23
Freeport Code § 128-6
Freeport Code § 128-37
Freeport Code § 128-7

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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Fetched:Nov 9, 2026, 06:13 PM UTC