Newark, N.Y., Code of Ordinances ch. 90 (eCode360 ed. 2026) § 90-42
Housing Code Board of Appeals (HCBA)
Operative Text
A. A HCBA shall hereby be established. B. The Board shall consist of the Village Board. C. All meetings of the HCBA shall be open to the public. After all parties and owners of affected property who have appeared have been heard, the Board may conduct its deliberations in executive session. D. The concurring vote of three members of the HCBA shall be necessary to decide in favor of the applicant any matter upon which said Board is required to pass under the provisions of the chapter. E. No application or appeal, even for a variance or special exception, shall be submitted directly to the HCBA; every application or appeal shall be submitted first to the Code Enforcement Officer. F. The Housing Code Board of Appeals shall have the following powers and duties: (1) Interpretation. The Board, on any appeal by an aggrieved party or upon a question presented by any official, department or board of the Village, shall decide any questions involving the interpretation of any provision of this chapter. (2) Variances. An appeal from a determination of the Code Enforcement Officer may grant a variance where the strict application of this chapter would result in practical difficulty or unnecessary hardship. (3) Advisory reports. The Village Board may recommend changes or modifications to the housing code. G. All decisions shall be in writing, and a copy of the decision shall be sent to the applicant and the Code Enforcement Officer, and a copy, with all records relevant to the appeal, shall be filed so as to be available for public inspection.
Newark, N.Y., Code of Ordinances ch. 90 § 90-42 establishes the Housing Code Board of Appeals (HCBA) as the body responsible for hearing appeals and interpreting the Village's housing code. The HCBA — composed of the Village Board — can grant variances when strict application of the code would cause practical difficulty or unnecessary hardship, and it issues all decisions in writing for public record. Meetings are open to the public, though deliberations may move to executive session after all parties have been heard.
Plain English — not legal advice.
Under Newark, N.Y., Code of Ordinances ch. 90 § 90-42, property owners who disagree with a Code Enforcement Officer's determination have a formal avenue for appeal through the HCBA. Compliant operators generally route any application or appeal through the Code Enforcement Officer first — direct submissions to the HCBA are not accepted. Operators seeking a variance document how strict code application would create practical difficulty or unnecessary hardship, and they retain copies of the written decisions that are issued following any hearing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Newark, N.Y., Code of Ordinances ch. 90 § 90-42 gives tenants and other aggrieved parties the right to appeal housing code interpretations to the HCBA, a public body whose decisions are available for public inspection. Because all appeals must first go through the Code Enforcement Officer rather than directly to the HCBA, tenants generally begin by engaging that office before escalating to the Board. Tenant-rights organizations familiar with Newark's housing code process can help residents understand the appeals procedure and what documentation may be relevant to a hearing.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation