Schenectady Building Inspection Rules Are Constitutional

December 20, 2015

LVT Number: #26691

Landlord sued the City of Schenectady, claiming that the City’s Rental Certificate Ordinance (RCO) violated the Fourth Amendment of the U.S. Constitution, which barred unreasonable search and seizure, as well as the New York State Constitution. The court ruled against landlord and dismissed the case. The RCO called for a building inspector to inspect for lighting, ventilation, electrical, and other standards prior to issuing a certificate. If an inspector’s request to enter was refused, the RCO permitted the inspector to seek a search warrant.

Landlord sued the City of Schenectady, claiming that the City’s Rental Certificate Ordinance (RCO) violated the Fourth Amendment of the U.S. Constitution, which barred unreasonable search and seizure, as well as the New York State Constitution. The court ruled against landlord and dismissed the case. The RCO called for a building inspector to inspect for lighting, ventilation, electrical, and other standards prior to issuing a certificate. If an inspector’s request to enter was refused, the RCO permitted the inspector to seek a search warrant. Each violation of the RCO was a misdemeanor that allowed fines between $200 and $500, 30 days in prison, or both.  And the RCO didn’t deprive landlord of income from, or the value of, his property. 

 

 

Wisoff v. City of Schenectady: Index No. 1:07-CV-34, NYLJ No. 1202741291292 (NDNY; 10/28/15; Mordue, DJ)

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