New Rochelle, NY Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Enforcing agency
- Building Official / Building Bureau
- First-offense fine
- Up to $2,500 (Chapter 174)
- Repeat-offense fine
- Up to $5,000 within three years
- Nuisance correction period
- 5 days, or 48 hours in emergencies
- Minimum unit space
- 150 sq ft first occupant plus 100 per additional
- Sleeping room minimum
- 70 sq ft single, 50 sq ft per occupant
Summary
New Rochelle's Housing Code sets minimum habitability standards for every dwelling, covering heat, water, ventilation, structural safety, and fire egress, and lets the Building Official declare a unit a nuisance when conditions turn dangerous to health. Landlords face fines up to $2,500 for a first offense and $5,000 for repeat violations within three years, plus possible jail time and city-ordered repairs or vacating.
The term "nuisance" shall be held to embrace whatever is dangerous to human life or detrimental to health and shall include but not be limited to a public nuisance known at common law, statutory law and in equity jurisprudence and a dwelling as defined in the State Code that, in violation of this chapter or of any other state or local law, ordinance or regulation, does not have adequate egress, safeguards against fire, adequate electrical service, installation and wiring, structural support, ventilation, plumbing, sewerage or drainage facilities or water, is overcrowded or inadequately cleaned or lighted, is inadequately heated under the standards provided in § 174-11 of this chapter or is unoccupied for a period in excess of 180 continuous days or appears to be abandoned and the condition constituting such violation is dangerous to human life or detrimental to health. All such nuisances are hereby declared to be unlawful.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).
Full Breakdown
Chapter 174, the New Rochelle Housing Code, incorporates the New York State Property Maintenance Code and adds local standards under § 174-2, requiring adequate water, waste disposal, bathroom facilities, light, ventilation, heating, cooling and fire safety in every dwelling now standing or built in the city. The Building Official, designated as code enforcement officer under § 174-3, and inspectors from the Building Bureau enforce the chapter and can issue correction orders and appearance tickets. Section 174-11 requires anyone who has contracted or is legally obligated to furnish heat to maintain adequate temperature in every occupied room.
Section 174-12 defines a dwelling as an unlawful nuisance when it lacks adequate egress, fire safeguards, wiring, structural support, ventilation, plumbing, sewerage, drainage or water, is overcrowded, inadequately lit or cleaned, inadequately heated under § 174-11, or has sat vacant more than 180 days and appears abandoned. When the Building Official declares a nuisance, the owner gets written notice and five days to correct it, or 48 hours in an emergency, with a right to request a hearing before the City Manager before the order becomes final.
If the owner fails to act, the Building Bureau may clean, repair, supply fuel or water, vacate or demolish the dwelling and assess the cost against the land under City Charter § 200(d). Section 174-14 sets minimum space: 150 square feet of floor space for a dwelling unit's first occupant plus 100 additional square feet per added occupant, with sleeping rooms of at least 70 square feet for one occupant or 50 square feet per occupant when shared. Section 174-8 bars occupying or leasing any unit that is not in compliance.
Every rooming house also needs a permit from the Building Official under § 174-10, displayed on the premises and subject to suspension for code violations.
Violations & Fines
Violating the Housing Code carries a fine up to $2,500 for a first offense and up to $5,000 for a second or later offense within three years, or up to 15 days in jail, or both; each day a violation continues counts as a separate offense. Ignoring a nuisance-abatement order lets the Building Bureau vacate, seal or demolish the property and bill the cost against the land, and refusing entry to inspectors is itself a violation under § 174-5.
Frequently Asked Questions
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Sources & Official References
Other rules in New Rochelle
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