Westchester council adopts tougher point penalties for noise, nuisance violations in rental program

The Borough Council of Westchester voted to adopt an amendment to the borough code on Sept. 17 that increases the points assessed against rental properties for repeat noise and public‑nuisance violations and makes the points attach to the property (and landlord) rather than only to individual tenants.

Borough staff explained the change during a public hearing, saying: “First violation will be 3 points in 1 year, 4 points for the second violation in the same license year, and 5 points for the third violation,” and that the rule is cumulative for the same rental license year. The ordinance keeps the overall rental‑license revocation threshold at 10 points. Staff also said the borough updated counts of rental dwellings and rooming units so the code matches current conditions.

The amendment revises Chapter 66 (Housing and Property Maintenance) to increase points assessed for violations of Chapter 73 (Noise) and Chapter 84 (Nuisance) of the borough code. The council advertised the hearing in the Daily Local on Sept. 9 and provided a copy of the ordinance for public inspection in the law library on Aug. 21, staff said.

During public comment, Lisa Kearns, a West Biddle Street resident, asked whether the escalation applied to the same tenant or to the property. Borough staff responded that enforcement depends on who is cited: police‑issued nuisance/noise citations are often issued to the person committing the offense, while property‑related violations (for example, trash or failed sidewalk maintenance) are typically issued to the property owner. Staff and several councilmembers said the intent of the revision is to drive landlord accountability and ensure the points accumulate against the property so landlords will take corrective action when tenants repeatedly violate the code.

Council discussion focused on how citations are issued in practice and on short‑term rentals: staff said the borough currently does not apply the point system to short‑term rental permits because tenants are transient and repeat citations tied to the same tenant are less likely. Councilmembers asked whether police can cite multiple occupants at a party; staff said officers can identify and cite individuals responsible for a violation, and adjudications that result in guilty findings count toward the property’s points when appropriate.

Councilmember McCoy moved to adopt the ordinance with the council’s revision deleting the phrase referencing “the same tenant” from the draft language; a councilmember seconded the motion and the council voted to adopt the ordinance as revised.

The ordinance increases penalties within the borough’s existing rental licensing framework and directs landlords to take corrective action to avoid license revocation; it does not create a new enforcement agency or change the 10‑point revocation threshold. The council did not specify additional implementation dates beyond the ordinance adoption and the existing one‑year license period used to tally points.