Mount Vernon, N.Y., Code of Ordinances ch. 149 § 149-42
Inspections
Operative Text
A. Building Department inspectors are hereby authorized to carry out their code-enforcement duties in accordance with the City of Mount Vernon Local Government Code Enforcement Program and the City's Administrative Search Warrant Procedure. In furtherance of such responsibilities, inspectors may enter any premises in accordance with applicable law, including but not limited to: (1) Upon consent of the owner or a tenant with authority to grant access; (2) Upon circumstances constituting an emergency; or (3) Pursuant to a duly issued administrative search warrant, whenever such entry is necessary to safeguard the public interest. B. Owners, agents, operators, executive officers of corporate owners, occupants, contractors, lessees or tenants shall be responsible for providing access to all parts of the premises within their control to authorized Building Department personnel acting in the performance of their duty. C. For the purpose of facilitating the inspection of vacant residential rental units, it shall be the duty of every owner, sublessor, agent, manager or operator of a vacant dwelling unit offered for rerental to file a written request for vacancy inspection of the unit by the Building Department prior to its rental. D. Tenant occupancy without vacancy inspection. E. Person providing rent for dwelling without vacancy inspection. F. The Building Department shall, within three days of the receipt of the request for inspection, make such an inspection and shall, within two days of said inspection, notify, in writing, the landlord or owner requesting the inspection, of any violations discovered by the inspection or that no violations were discovered. G. The request for inspection shall be made within two days after the dwelling unit offered for rental becomes vacant. H. The request for inspection must be accompanied by a fee of $10 payable to the Building Department. I. No dwelling unit shall be rented or reoccupied by any owner, sublessor, agent, manager or operator until such inspection is completed and the dwelling unit is certified by the Department of Buildings to be free of any violations of this chapter, the Building Code or any rule or regulation adopted pursuant thereto. J. Failure to comply with the mandates of this section shall result, upon conviction, in a mandatory fine of $100 or imprisonment for 15 days, or both such fine and imprisonment. K. Should any portion of Subsections C through J be declared illegal or ultra vires, the remaining portions nevertheless shall survive and remain in operation.
Section 149-42 of Mount Vernon, N.Y., Code of Ordinances ch. 149 establishes the rules governing Building Department inspections of residential rental properties. Inspectors are authorized to enter premises with owner or tenant consent, in emergencies, or under an administrative search warrant. Owners and tenants must provide access to authorized inspectors, and vacant rental units must be inspected and certified free of violations before they can be re-rented, with a $10 fee required when requesting that inspection.
Plain English — not legal advice.
Under § 149-42, property owners and their agents are generally expected to file a written vacancy inspection request with the Building Department within two days of a unit becoming vacant, accompanied by a $10 fee. The Department then has three days to conduct the inspection and two days after that to provide written notice of any violations found or a clean certification. A dwelling unit may not be re-rented until the Building Department certifies it free of violations under this chapter; failure to comply can result in a mandatory fine of $100, up to 15 days imprisonment, or both upon conviction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 149-42 gives tenants certain rights regarding access and inspections — for instance, a tenant with authority over the premises may consent to (or decline) an inspector's entry, and inspectors may also enter under emergency circumstances or with an administrative search warrant. The provision also establishes that a vacant unit must be inspected and certified free of violations before it is re-rented, which can be relevant if a tenant moves into a unit that was not properly inspected. Tenants who believe this provision was not followed may wish to contact the Mount Vernon Building Department, consult a local tenant-rights organization, or explore whether a violation of § 149-42 could be raised in a relevant legal proceeding.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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