Ossining, N.Y., Code of Ordinances ch. 162 (eCode360 ed. 2026) § 162-27
Penalties for offenses
Operative Text
A. Upon conviction for each code violation involving an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, the owner of the premises shall be liable for a fine of not less than $2,000 nor more than $4,000 for the first offense; not less than $4,000 nor more than $8,000 for a second offense within 12 months of the first offense; and not less than $8,000 nor more than $16,000 for a third and subsequent offenses within 12 months of the first offense. B. Every violation shall be a separate and distinct offense. Where the violation is found to continue, every day thereof shall be separate and distinct offense. C. Loss of profit. If a person has gained a profit through an illegal residential occupancy or an over-occupancy of a dwelling or dwelling unit, then the court, in lieu of imposing the penalty authorized for the offense under Subsection A of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from commission of the offense. The court shall make a finding after a hearing as to the amount of the profit gained by defendant's conduct. D. Civil penalties. In addition to those penalties prescribed in state law and in this section, any owner who has been convicted of maintaining an illegal residential occupancy or over-occupancy of a dwelling or dwelling unit, shall be liable to pay a civil penalty of not more than $2,000 for each day or part thereof during which the violation continues. The civil penalties provided by this subsection shall be recoverable in an action brought by the Village of Ossining. Any person or entity that violates this section shall be liable for all reasonable attorneys' fees, costs and disbursements incurred by the Village to recover this civil penalty. In such proceeding, the Village shall be entitled to recover interest, costs, and disbursements incurred in connection with the proceeding and in addition to reasonable attorneys' fees, to recover expenditures for consultants retained by the Village.
Ossining, N.Y., Code of Ordinances ch. 162 § 162-27 establishes a tiered penalty structure for property owners convicted of maintaining illegal residential occupancies or over-occupancies. Criminal fines escalate from a $2,000–$4,000 range for a first offense up to $8,000–$16,000 for a third or subsequent offense within 12 months, and each day a violation continues counts as a separate offense. On top of criminal fines, the provision authorizes civil penalties of up to $2,000 per day while a violation persists, and courts may alternatively order a defendant to repay up to double any profit gained from the illegal occupancy.
Plain English — not legal advice.
Operators subject to § 162-27 of the Ossining Code generally ensure that every dwelling unit is occupied only by the number of residents permitted under applicable code, because each day of non-compliance can be treated as a distinct offense carrying its own fine. A compliant owner maintains accurate occupancy records, promptly addresses any notice of violation, and avoids arrangements that generate rental income from unauthorized occupants—since courts may order repayment of up to double any profit derived from such arrangements. Owners should also be aware that the Village of Ossining may pursue civil penalties and seek recovery of its attorneys' fees, consultant costs, and interest through a separate civil action under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 162-27 of the Ossining Code, tenants living in a dwelling that may be illegally occupied or over-occupied should know that the law places financial liability squarely on the property owner, not the occupants, for maintaining such conditions. If a tenant believes their unit involves an illegal occupancy situation, they may consider contacting the Village of Ossining's code enforcement office to report the condition or seek information about applicable protections. Tenant-rights organizations familiar with Westchester County housing law can help residents understand how this provision may interact with their tenancy and what general options exist for addressing unsafe or non-compliant housing conditions.
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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