Montour Falls, N.Y., Code of Ordinances ch. 115 (eCode360 ed. 2026) § 115-10
Penalties for offenses
Operative Text
A. A violation of any provision of this chapter shall be a violation under the New York State Penal Law punishable by a fine not to exceed $5,000 and imprisonment for a term not to exceed 15 days, or both. For purposes of this chapter, each week's continued existence of a violation shall constitute a separate violation. For purposes of the preceding sentence, a "week" shall constitute any period of seven consecutive days. B. The Code Enforcement Officer or a representative designated by the Code Enforcement Officer, as the case may be, is hereby authorized to issue appearance tickets pursuant to the Criminal Procedure Law in the enforcement of this or any related laws of the Village. C. An action or proceeding may be instituted in the name of the Village, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter. No such action or proceeding shall be commenced except upon resolution by the Board of Trustees authorizing same. D. No remedy or penalty specified in this section shall be the exclusive remedy or remedy available to address any violation of this chapter, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, or otherwise available under applicable law. Any remedy or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this section, in section or in any other applicable law. E. If there be any violation of this chapter with respect to any building required to be registered pursuant to this chapter, while any dwelling unit in such building is occupied in whole or in part by people, no rent shall be recovered for such dwelling unit(s) for any period during which such violation exists, and in any action or proceeding to collect rent owing for any period during which such violation(s) exists or did exist or to recover possession of the dwelling units for nonpayment of such rent, proof of violation of any of the provisions of this chapter with respect to the building in which such dwelling unit(s) are located shall be an absolute defense to such action or proceeding available to any person or persons that inhabited the dwelling units during the period of violation of this chapter.
Section 115-10 of Montour Falls, N.Y., Code of Ordinances ch. 115 establishes a range of consequences for violating the chapter's rental registration and housing requirements. Violations can result in criminal penalties under New York State Penal Law — fines up to $5,000 and/or up to 15 days of imprisonment — with each seven-day period of a continuing violation counted as a separate offense. Notably, the provision also strips a landlord's ability to collect rent for any dwelling unit in a non-compliant building while the violation persists, and proof of such a violation serves as an absolute defense against eviction for nonpayment of rent during that period.
Plain English — not legal advice.
Operators subject to ch. 115 § 115-10 generally maintain continuous compliance with all registration and housing requirements in the chapter, because each week a violation continues is treated as a new, independent offense carrying its own potential fine of up to $5,000. Compliant operators ensure that all required building registrations are current and that no code deficiencies go unaddressed, since an active violation can render rent uncollectable for affected units. The Code Enforcement Officer is authorized under § 115-10(B) to issue appearance tickets, and the Village's Board of Trustees may authorize civil court action to enjoin or correct violations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 115-10(E) of Montour Falls ch. 115, tenants occupying a dwelling unit in a building with an active chapter violation may have a powerful tool available: proof of that violation can serve as an absolute defense in any court proceeding brought to collect unpaid rent or to recover possession of the unit for nonpayment during the period the violation existed. This means that a landlord's failure to comply with the chapter's requirements — such as registration obligations — can directly affect their ability to pursue rent or eviction claims. Tenants who believe a violation exists may wish to consult a tenant-rights organization or legal aid provider familiar with Montour Falls Village Code to understand how § 115-10 might apply to their circumstances.
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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