Binghamton, N.Y., Code of Ordinances ch. 265 § 265-16
Unfit dwellings
Operative Text
A. Designation by Director. Any rental unit or dwelling which is found to have any of the defects listed below may be condemned as unfit for human habitation and so designated and placarded by the Director of Code Enforcement: (1) One which, by reason of its failure to comply with the foregoing requirements of this chapter, is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public. (2) One which lacks illumination, ventilation or sanitation required by this chapter so as to protect adequately the health or safety of the occupants or of the public. B. Service contents. An order designating the premises as unfit for human habitation shall be served upon the owner personally or by certified mail, return receipt requested, and to all occupants personally or by regular mail, and posted in a conspicuous place on the building. The order of designation shall set forth the reasons for the designation and specify the time, date and place of the hearing to be held on the matter. The notice to the occupants must set forth the occupants' right to be heard at the hearing, the possible consequences of the hearing, including that the building may be closed and the occupants required to vacate by a particular date, if known. C. Hearing. A hearing shall be held within seven days of service upon the owner to review the designation as unfit by the Director. A hearing officer shall be appointed by the Mayor to preside. The owner, occupants and any other interested parties may appear and give testimony. The hearing officer, after considering all the evidence, may sustain, modify or revoke the order of the Director designating the premises as unfit for human habitation. D. Decision. The decision of the hearing officer shall be in writing and mailed to all interested parties. It shall specify the reasons for sustaining, modifying or revoking the designation of the Director. Any premises condemned as unfit for human habitation, and so designated, shall be placarded and vacated within the time ordered by the hearing officer. E. Reoccupation. No rental unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from the Director of Code Enforcement stating that the defect or defects upon which the condemnation and placarding action were based have been corrected. F. No person shall deface or remove the placard from any rental unit which has been condemned as unfit for human habitation and placarded except as provided for in Subsection E above.
Section 265-16 of Binghamton's Code of Ordinances establishes a formal process by which the Director of Code Enforcement may condemn and placard a rental unit or dwelling as unfit for human habitation when it poses serious health or safety hazards—such as severe disrepair, vermin infestation, or inadequate ventilation, illumination, or sanitation. Once condemned, the property must be vacated within the timeframe set by a hearing officer, and it cannot be reoccupied until the Director of Code Enforcement issues written approval confirming that the underlying defects have been corrected. The process includes mandatory notice to both owners and occupants, a hearing within seven days, and a written decision from an appointed hearing officer.
Plain English — not legal advice.
Under § 265-16, a compliant property owner who receives a condemnation order promptly addresses the specific defects cited in the order and works toward obtaining written clearance from the Director of Code Enforcement before allowing any reoccupancy. Operators generally ensure that all notices are received and that they or their representatives appear at the hearing—held within seven days of service—to present evidence and testimony. Maintaining rental units in compliance with Chapter 265's habitability standards from the outset is the most straightforward way to avoid the condemnation and placarding process altogether.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 265-16 requires that occupants receive personal or mailed notice of any condemnation order, and that notice must explicitly inform tenants of their right to be heard at the hearing and the possible consequences, including a required vacate date. Tenants have the right to appear at the hearing, give testimony, and participate in the review of the Director's designation as unfit for human habitation. Tenants facing condemnation proceedings may wish to contact a local tenant-rights organization or legal aid office to understand their options, including any relocation assistance that may be available under other provisions of Binghamton's code.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.