Lynbrook, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-4

Judicial remedies

In Force
Verified 11/10/2026 · Next check 12/10/2026
LynbrookRental Registration

Operative Text

Lynbrook, N.Y., Code of Ordinances ch. 161 (eCode360 ed. 2026) § 161-4
A. Action or proceeding, generally. Whenever the Superintendent of Buildings is satisfied that any building or structure, or any portion thereof, or any drainage or plumbing, erection, construction or alteration, execution or repair of which is regulated, permitted or forbidden by this chapter, is being erected, constructed, altered or repaired, or has been erected, constructed, altered or repaired in violation of any of the provisions of this chapter or in violation of any detailed statement of specifications or plans submitted and approved thereunder or of any certificate or permit issued thereunder or that any provision of this chapter or any order or direction made thereunder has not been complied with or that plans and specifications for plumbing and drainage have not been submitted or filed as required by this chapter, the Superintendent may, in his discretion, through the Village Counsel, institute any appropriate action or proceeding at law or in equity to restrain, correct or remove such violation or the execution of any work thereon or to sustain or correct the erection or alteration of or to require the removal of or to prevent the occupation or use of the building or structure erected, constructed or altered in violation of any of the provisions of this chapter or with respect to which the requirements thereof or of any order or direction made pursuant to any provisions contained therein shall not have been complied with. Any person who shall maintain or continue any building or structure, or any portion thereof, or any drainage or plumbing in violation of any of the provisions of this chapter, after having been duly notified as in this chapter provided that such building or structure, or any portion thereof, or that such drainage or plumbing is in violation of any provision of this chapter, shall be subject to any action or proceeding and any penalty that is provided in this chapter for the commission of the violation. B. Village Counsel to act. The Village Counsel shall institute any and all actions and proceedings, either legal or equitable, that may be appropriate or necessary for the enforcement of this chapter, upon the order of the Board of Trustees of the village. C. Court having jurisdiction. Any court of competent jurisdiction shall have cognizance and jurisdiction over any and all suits and proceedings authorized by this chapter to be brought for the recovery of any penalty or the enforcement of any provision of this chapter. D. Restraining order. In any such action or proceeding the village may, in the discretion of the Superintendent of Buildings and on his affidavit setting forth the facts, apply to any court of record or to a Judge or Justice thereof for an order enjoining and restraining all persons from doing or causing or permitting to be done any work in or upon such building or structure or in or upon such part thereof as may be designated in said affidavit, for any purpose whatever until the hearing and determination of said action and the entry of final judgment therein. E. (Reserved) F. (Reserved) G. Lis pendens. The notice of lis pendens referred to in this section shall consist of a copy of the notice issued by the Superintendent of Buildings, requiring the removal of the violation and a notice of the suit or proceedings instituted or to be instituted thereon. Such notice of lis pendens may be filed at any time after the service of the notice issued by the Superintendent as aforesaid, provided that he may deem same to be necessary or is satisfied that the owner of the property is about to transfer same to avoid responsibility for having violated this chapter. H. (Reserved) I. Officers not liable for damages. No officer of the Department of Buildings, acting in good faith without malice, shall be liable for damages by reason of anything done in any action or proceeding instituted under this chapter or by reason of any act or omission in the performance of his official duties.
Source: Legislative text reproduced verbatim
Plain English

Section 161-4 of Lynbrook's Code of Ordinances establishes the judicial tools available to enforce the village's building regulations. When the Superintendent of Buildings determines that a building, structure, drainage, or plumbing work has been erected, altered, or maintained in violation of Chapter 161, the village may pursue legal or equitable court action to stop, correct, or remove the violation. Courts of competent jurisdiction are empowered to hear these cases, and the village may seek restraining orders or file a notice of lis pendens against a property to prevent an owner from transferring it to escape responsibility for violations.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers in Lynbrook should be aware that under § 161-4, the Superintendent of Buildings has broad authority to initiate court proceedings—including injunctions and restraining orders—against structures or work that does not comply with Chapter 161. Compliant operators ensure that all construction, alteration, plumbing, and drainage work is performed in accordance with approved plans, permits, and specifications, and that any notices of violation issued by the Superintendent are addressed promptly. Ignoring a duly issued notice of violation can expose a property owner to ongoing legal action, court-ordered removal of work, and any penalties authorized elsewhere in Chapter 161, as well as a lis pendens filing that could cloud the property's title.

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

For Tenants

Tenants living in Lynbrook properties should know that § 161-4 gives the village government—not individual tenants—the primary authority to bring court actions against buildings or structures that violate Chapter 161's building and plumbing requirements. If a tenant believes a building condition reflects an unresolved code violation, one general path is to report the concern to the Lynbrook Department of Buildings, which can trigger the Superintendent's review and potential enforcement action. Consulting a tenant-rights organization or legal aid service can help tenants understand how an outstanding building violation under Chapter 161 might relate to other housing rights or remedies available to them.

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

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.210
Manner of registering
§ 244.230
Posting
§ 165.10
JUST CAUSE ENFORCEMENT FEE

Source Information

Snapshot SHA:
Fetched:Nov 9, 2026, 07:08 PM UTC