Pelham, N.Y., Code of Ordinances ch. 54 (eCode360 ed. 2026) § 54-41
Contracts
Operative Text
Notwithstanding any contract provision to the contrary regarding compliance with the provisions of this code, no person shall be relieved of any direct responsibility under this code.
Section 54-41 of Pelham's Code of Ordinances, Chapter 54, establishes that no contractual agreement can be used to shift or eliminate a person's direct legal responsibilities under the housing code. Even if a contract assigns compliance duties to another party, each person who holds direct responsibility under the code remains bound by it. The rule prevents private agreements from overriding the public obligations the code imposes.
Plain English — not legal advice.
Under § 54-41 of Pelham's Code ch. 54, property owners and managers cannot use lease clauses, management agreements, or other contracts to transfer away their direct obligations under the housing code. A compliant operator understands that even when a third-party manager or contractor is engaged, the owner's own code responsibilities remain intact. Operators generally review their contractual arrangements with this non-waivability principle in mind.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 54-41 of Pelham Code ch. 54 means that a landlord cannot point to a lease provision or a side agreement to excuse non-compliance with the housing code. Tenants who encounter code violations may find it relevant that contractual language purporting to shift responsibility away from the landlord does not eliminate the landlord's direct duties. General enforcement paths can include raising a code violation with the appropriate local code enforcement office or consulting a tenant-rights organization familiar with Pelham's ordinances.
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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