Mamakating, N.Y., Code of Ordinances ch. 147 (eCode360 ed. 2026) § 147-3
Duties of owners, occupants and any other person responsible for maintenance
Operative Text
In furtherance of the purposes of this chapter, it shall be the duty and responsibility of the owner, occupant and any other person responsible for maintenance of the property or premises to comply with any and all of the requirements and standards of this chapter and to promptly remove, prevent or abate such conditions. No such person shall be relieved of any duty, obligation or responsibility hereunder nor be entitled to assert, as a defense against any charge made against him or them for violation of this chapter, the fact that another owner, occupant or any other person is also responsible and in violation.
Chapter 147, Section 147-3 of Mamakating, N.Y.'s Code of Ordinances establishes that every owner, occupant, and anyone else responsible for a property's maintenance shares a duty to meet the chapter's standards and to promptly address or eliminate non-compliant conditions. Crucially, the rule closes a common loophole: no one covered by this section can escape responsibility simply because someone else is also at fault. Each responsible party stands independently accountable, regardless of how many others share the obligation.
Plain English — not legal advice.
Under Mamakating Code ch. 147 § 147-3, property owners and managers are generally expected to maintain their premises in full compliance with all chapter standards and to act promptly when a condition arises that needs correction or abatement. Operators who share responsibility for a property with co-owners, property managers, or tenants should be aware that the shared nature of that responsibility does not reduce any individual party's obligation. Compliant operators typically document maintenance actions and address reported conditions without delay, rather than deferring to another responsible party.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 147-3 of Mamakating Code ch. 147 means that tenants who are classified as responsible for maintenance cannot use another party's equal responsibility as a shield against a violation charge — but it also means that owners cannot deflect their own obligations onto tenants. If a property condition appears to violate the chapter's standards, tenants may have grounds to raise the owner's independent duty under this section when pursuing a complaint or asserting a defense. Tenant-rights organizations and local code enforcement offices can be useful starting points for understanding how this shared-responsibility framework applies to a particular housing situation.
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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