Gates, N.Y., Code of Ordinances ch. 133 (eCode360 ed. 2026) § 133-12
Responsibility of occupants
Operative Text
With respect to that part of a building which the occupant occupies, controls or uses, the occupant shall be responsible for the following: A. Occupancy limitations and its lawfully permitted use (as required by the New York State Uniform Fire Prevention and Building Code). B. Maintenance in a clean, safe and sanitary condition. C. Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities in a clean and sanitary condition and providing reasonable care in the operation and use thereof (as required by the New York State Uniform Fire Prevention and Building Code). D. Keeping exits free and clear (as required by the New York State Uniform Fire Prevention and Building Code). E. Disposing of garbage and refuse into provided facilities in a sanitary manner, and keeping the premises free and clear therefrom (as required by the New York State Uniform Fire Prevention and Building Code). F. Keeping domestic animals and pets in an appropriate manner and under control (as required by the New York State Uniform Fire Prevention and Building Code).
Section 133-12 of the Gates, N.Y., Code of Ordinances places a set of maintenance and conduct responsibilities on the occupant of any portion of a building they occupy, control, or use. These responsibilities include keeping the space clean, safe, and sanitary; properly operating plumbing, cooking, and refrigeration equipment; keeping exits clear; disposing of garbage in a sanitary way; and managing pets appropriately. Many of these duties are tied to the standards set by the New York State Uniform Fire Prevention and Building Code.
Plain English — not legal advice.
Under Gates Code § 133-12, the occupant — not solely the property owner — bears direct responsibility for the condition and use of the space they control, which can affect how liability is allocated when violations arise. Operators generally document the condition of units at move-in and move-out, include lease language that mirrors these occupant obligations, and conduct periodic inspections to confirm that exits remain clear, refuse is properly disposed of, and equipment is being used with reasonable care. Keeping records of tenant communications about maintenance and compliance can be relevant if a code enforcement matter arises under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 133-12 of the Gates, N.Y., Code of Ordinances makes clear that occupants share responsibility for the portions of a building they use, covering cleanliness, sanitation, proper use of appliances, exit clearance, garbage disposal, and pet control. Understanding these obligations can help tenants distinguish between issues that fall under their own responsibility and those that may remain the landlord's duty under other provisions of the code. Tenants who have questions about how these responsibilities interact with their lease or with landlord obligations may find it useful to consult a tenant-rights organization or review the New York State Uniform Fire Prevention and Building Code standards referenced in this section.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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