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Union, NY Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Governing standard
New York State Property Maintenance Code, at all times
Enforcing official
Building Official and the Code Department
Open building notice
10 days to enclose, plywood one-half inch or thicker
Fine
Up to $250 for each day of violation
Jail
Up to 10 days
Adopted
5-6-2026 by L.L. No. 3-2026

Summary

In the Town of Union outside the Villages of Endicott and Johnson City, every residential building, rentals included, must comply with the New York State Property Maintenance Code and stay free of nuisances, hazards and unsanitary conditions. Section 155-15 lists the hazards, and § 155-16 fines up to $250 for each day of violation.

C. Maintenance of Exterior and Interior of the Residential Premises. The Residential premises shall at all times comply with the New York State Property Maintenance Code and be kept free of all nuisances and hazards to the safety of owners, tenants, occupants, pedestrians and other persons having access to the Residential premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated. The word "hazards" shall include, but is not limited to, the following: (1) Refuse. Filth, garbage, trash, rubbish, refuse, debris of any description, including the piling and/or accumulation of papers or other combustibles as may be applicable to the exterior and/or within the interior. ... (3) Sources of infestation, as may be applicable to the exterior and interior of the Residential premises. (4) Foundation walls. Foundation walls of Residential premises shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

Full Breakdown

Article III of Chapter 155 (L.L. No. 3-2026, adopted 5-6-2026) sets the minimum condition for every building, dwelling and premises in the Town of Union outside the Villages of Endicott and Johnson City that is used in whole or in part for residential occupancy, whenever it was built and whatever permits it holds. Section 155-15(A) makes the standards the yardstick the Building Official and agents use to judge fitness for basic human habitation.

Section 155-15(C) requires residential premises to comply with the New York State Property Maintenance Code at all times and to be free of nuisances, hazards and unsanitary conditions, which must be promptly removed and abated. The listed hazards include refuse and accumulations of papers or other combustibles inside or outside, unsafe surfaces and pet waste on paths and driveways, sources of infestation, defective foundation walls, and chimneys and flues that cannot do their job or are not smoke tight. Subsection E requires exterior surfaces to be painted or protected where necessary and kept free of broken glass, loose shingles or siding, crumbling masonry and excessively peeling paint.

Under § 155-15(D), when the Code Department finds an unoccupied residential building with openings open to entry, it serves written notice on the owner or manager giving 10 days to enclose them. Openings are closed with weatherproof plywood of one-half inch or thicker, painted to blend with the building and neighborhood. If the owner fails, the Town can enclose the building and recover its costs, including attorneys fees, by civil action or local assessment.

Section 155-14 makes owners, managers and occupants each responsible, and none can defend a charge by pointing at another. Banks, lending institutions and private lenders count as owners or managers during foreclosure. Under § 155-13(B), the higher standard prevails when the article conflicts with another town ordinance or a New York law.

Violations & Fines

Under § 155-16, a person who violates the article is guilty of a violation punishable by a fine not exceeding $250 for each day of violation and/or up to 10 days in jail. The fine is paid by the property owner and/or manager and/or occupant. The Town can also enclose an open unoccupied building after the 10-day notice and recover its costs, including attorneys fees.

Frequently Asked Questions

Which standard decides whether a rental is habitable in the Town of Union?
Section 155-15(C) requires residential premises to comply at all times with the New York State Property Maintenance Code, and to be free of nuisances, hazards and unsanitary conditions. The Building Official and agents use the section's standards to judge fitness for basic human habitation, use and occupancy.
Is the landlord or the tenant responsible for a violation?
Owners, managers and occupants all carry the duties in § 155-15, and under § 155-14 no one is relieved of them, or can defend a charge, because another party is also responsible and in violation. The fine in § 155-16 is paid by the owner and/or manager and/or occupant.
Does a bank that is foreclosing have to maintain the property?
Yes. Section 155-14 deems banks, lending institutions and private lenders to be owners and/or managers during foreclosure proceedings, and they must fully comply with Chapter 155, Article III. The definition of manager also includes any person in charge of a residential premises during foreclosure.
How big is the fine for a habitability violation?
Up to $250 for each day of violation and/or up to 10 days in jail under § 155-16. Because the fine runs per day, an uncorrected condition keeps accruing a separate violation until it is abated. The Town Board enacted the article on 5-6-2026 as L.L. No. 3-2026.

Sources & Official References

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