Yonkers, N.Y., Code of Ordinances ch. 58 § 58-5
Administration; administrative review; appeals; variances
Operative Text
A. The Department shall be primarily responsible for the administration and enforcement of this chapter and Subchapter F of the New York Uniform Code except for Section 1243.7 and 1243.10 thereof. The Commissioner of the Department of Housing and Buildings shall administer and enforce this chapter pursuant to any complaints or requests for inspections received by the Commissioner of the Department of Housing and Buildings and pursuant to a regular and periodic inspection program to be designed and implemented by the Commissioner of the Department of Housing and Buildings or as is otherwise appropriate to protect the public welfare. B. Any decision or action by any employee of the Department may be appealed to the Commissioner of the Department of Housing and Buildings pursuant to the regulations of the Department. C. Any decision of the Commissioner of the Department of Housing and Buildings governed by the New York Uniform Code may be appealed to the Board of Review pursuant to 19 NYCRR 440 and 450 et seq. and other applicable rules and regulations. Such an appeal shall be filed within the time period authorized for compliance with the decision or action of the Commissioner of the Department of Housing and Buildings or, if no time period for compliance is authorized, then within 10 days of the decision or action of the Commissioner of the Department of Housing and Buildings. D. Any decision or action of the Commissioner of the Department of Housing and Buildings not governed by the New York Uniform Code may be appealed to the Board of Appeals by filing a written notice of appeal with the Department. Such a notice of appeal shall be filed within the time period authorized for compliance with the decision or action of the Commissioner of the Department of Housing and Buildings or, if no time period for compliance is authorized, then within 10 days of the decision or action of the Commissioner of the Department of Housing and Buildings. The Board of Appeals may affirm, reverse or modify the decision or action of the Commissioner of the Department of Housing and Buildings. The Board of Appeals may conduct a hearing and review additional evidence. The decision of the Board of Appeals shall be in writing and is final. E. Variances regarding matters governed by the New York Uniform Code may be obtained from the Board of Review pursuant to its rules and regulations. Variances regarding matters not governed by the New York Uniform Code may be obtained from the Board of Appeals upon application in writing. A variance may be granted when there are practical difficulties which prevent implementation of the strict letter of this chapter, provided that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
Yonkers Code of Ordinances ch. 58 § 58-5 establishes the Department of Housing and Buildings as the primary body responsible for administering and enforcing Yonkers housing standards, including through complaint-driven and routine periodic inspections. Decisions made by department employees can be escalated to the Commissioner, and the Commissioner's decisions can be further appealed to either the Board of Review (for matters under the New York Uniform Code) or the Board of Appeals (for matters outside it). Variances from strict code requirements are also available through these bodies when practical difficulties make full compliance impossible, provided public safety and the spirit of the chapter are maintained.
Plain English — not legal advice.
Under Yonkers Code ch. 58 § 58-5, property owners and managers should be aware that the Department of Housing and Buildings conducts both complaint-triggered and scheduled periodic inspections, meaning compliance is expected at all times rather than only in response to complaints. When a Commissioner's decision is issued, compliant operators generally track the stated compliance deadline carefully, since any appeal to the Board of Review or Board of Appeals must typically be filed within that window or within 10 days if no deadline is specified. Operators facing genuine practical difficulties in meeting a specific code requirement may pursue a written variance application through the appropriate board, demonstrating that public safety and the chapter's intent are still being honored.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 58-5 of the Yonkers Code gives tenants a clear avenue to trigger enforcement: complaints submitted to the Commissioner of the Department of Housing and Buildings can prompt an inspection of a rental property. If a departmental decision does not adequately address a concern, tenants can understand that the decision itself is subject to an internal appeal process — first to the Commissioner, and then to either the Board of Review or the Board of Appeals depending on whether the New York Uniform Code governs the matter. Tenants seeking guidance on how to file a complaint or navigate the appeal process under ch. 58 § 58-5 may find assistance through local tenant-rights organizations or the Yonkers Department of Housing and Buildings directly.
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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