Port Jefferson, N.Y., Code of Ordinances ch. 205 (eCode360 ed. 2026) § 205-11
Broker's responsibility prior to listing
Operative Text
A. It shall be unlawful and a violation of this article, and an offense within the meaning of the Penal Law of the State of New York, for any real estate broker or agent to list, advertise, show or otherwise offer for lease, rent or sale on behalf of the owner as a residence with a rental dwelling unit or units any residence or residential dwelling unit for which a current rental occupancy permit is not in force. It shall be the real estate broker's or agent's duty to verify the existence of a valid rental occupancy permit before acting on behalf of the owner. B. It shall be unlawful and a violation of this article, and an offense within the meaning of the Penal Law of the State of New York, for any real estate broker or agent to list, advertise, show or otherwise offer for lease, rent or sale on behalf of the owner any residential dwelling in a manner inconsistent with the use reflected on the certificate of occupancy, certificate of zoning compliance, certificate of existing use or special permit issued for the premises. It shall be the real estate broker's or agent's duty to verify the legal status of the premises before acting on behalf of the owner. C. It shall be unlawful and a violation of this article, and an offense within the meaning of the Penal Law of the State of New York, for any real estate broker or agent to list, advertise, show or otherwise offer for lease, rent or sale on behalf the owner or such other person acting in the owner's behalf any residential dwelling in a manner inconsistent with the number of rooms, bedrooms, kitchens or units, identified on the property card for the premises maintained by the Village of Port Jefferson for such structure. It shall be the real estate broker or agent's duty to verify the legal status of the premises before advertising the premises on behalf of the owner, or such other person acting in the owner's behalf.
Port Jefferson Code ch. 205 § 205-11 prohibits real estate brokers and agents from listing, advertising, showing, or otherwise offering any residential dwelling for lease, rent, or sale unless a current rental occupancy permit is in force and the property's advertised use and physical description match what is reflected on official village records—including the certificate of occupancy, zoning documents, and the village property card. The rule places an affirmative verification duty on the broker or agent before taking any action on behalf of an owner. Violations are treated not only as local code infractions but also as offenses under New York State Penal Law, making the consequences potentially more serious than a typical municipal fine.
Plain English — not legal advice.
Under Port Jefferson Code ch. 205 § 205-11, property owners benefit from understanding that their listing broker or agent bears an independent legal duty to verify permit and occupancy status before marketing a rental unit—but owners who allow or direct marketing of a non-compliant property may still face exposure. Compliant operators generally ensure that a current rental occupancy permit is in force, that all certificates of occupancy and zoning compliance accurately reflect the property's actual use, and that the number of rooms, bedrooms, kitchens, and units advertised matches the village property card before any listing activity begins. Keeping these documents current and readily accessible for any broker or agent acting on the owner's behalf supports compliance with § 205-11.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Port Jefferson Code ch. 205 § 205-11 is designed to protect prospective tenants by requiring that any residence offered for rent has a valid rental occupancy permit and is accurately represented in terms of its legal use and physical configuration. If a tenant discovers that a unit was listed or rented without a current permit, or that the advertised description does not match official village records, that discrepancy may be relevant to the tenancy's legal standing and could be raised with the Village of Port Jefferson or a tenant-rights organization. Tenants who believe a broker or agent violated § 205-11 may also have grounds to report the conduct to the New York State Department of State, which licenses real estate professionals.
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
No inbound references recorded yet for this provision.