Elmira Town, N.Y., Code of Ordinances ch. 171 (eCode360 ed. 2026) § 171-5
Probationary certification; surety fee
Operative Text
A. The owner of a building meeting any of the criteria set forth in § 171-4 must obtain a rental housing probationary certification for each rental housing building meeting any such criterion within 20 days of becoming subject to this certification requirement. The certification application shall be on a form furnished by the Code Enforcement Officer and shall set forth the following information, in addition to other information required by the Code Enforcement Officer. Failure to provide such information shall be grounds to deny the probationary certification. (1) Designation by street address of all buildings owned by the owner within the Town containing rental housing units. (2) Owner's name, principal residence address, principal business address, phone numbers (post office box address is not permitted to be used) and email address. (3) Proof that the owner is in compliance with this Code pertaining to registration of rental housing. B. Before issuance of a probationary certification, the owner shall: (1) Pay in full all unpaid abatement charges owed the Town pertaining to any of the owner's buildings and premises, which charges were incurred after the effective date of the local law from which this chapter is derived; and (2) Deposit or deliver to the Town a surety in an amount equal to twice the total paid and any unpaid abatement charges for all of the owner's buildings during the immediately preceding 12 consecutive months prior to the date of submission of the certification application if the owner is required to obtain a certification because the owner is in violation of the provisions of § 171-4B . Upon transfer of a probationary certification pursuant to § 171-7 , the new owner shall deposit or deliver to the Town a surety if after acquiring ownership said owner is in violation of the provisions of § 171-4B , said surety to be in an amount as set forth hereinabove. The surety shall be cash, an irrevocable letter of credit, or an insurance bond in a form acceptable to the corporation counsel. The Town shall have the right to recover the cost of any future abatement pertaining to any of owner's rental housing buildings from the surety. C. At the time of submission of the certification application form, the owner shall pay to the Town a certification fee of $1,000; provided, however, this fee shall not be due if the owner is applying for a probationary certification solely due to the owner's failure to register a building pursuant to Chapter 170 . D. Upon compliance with Subsections A , B and C of this section, the Code Enforcement Officer shall issue to the owner a probationary certification for the rental housing building or buildings which met any of the criteria set forth in § 171-4B .
Section 171-5 of Elmira Town's Code of Ordinances establishes a probationary certification process for rental property owners whose buildings meet certain problem-property criteria under § 171-4. Owners must apply within 20 days of becoming subject to the requirement, submitting detailed ownership and contact information, clearing any outstanding abatement charges, and in some cases posting a surety deposit equal to twice the total abatement charges from the prior 12 months. A $1,000 certification fee is also required at the time of application, though this fee is waived if the sole reason for the certification is a failure to register under Chapter 170. Once all conditions are satisfied, the Code Enforcement Officer issues the probationary certification covering the qualifying buildings.
Plain English — not legal advice.
Under § 171-5, a compliant rental property owner in Elmira Town acts promptly—submitting the required application form to the Code Enforcement Officer within 20 days of becoming subject to the probationary certification requirement. Compliant operators ensure all abatement charges owed to the Town are paid in full before issuance, and if triggered by § 171-4B violations, they arrange an acceptable surety—cash, an irrevocable letter of credit, or an insurance bond—in the amount specified by the ordinance. Keeping registration current under Chapter 170 and maintaining accurate contact and address records on file are among the practices that help owners avoid the $1,000 certification fee and reduce the likelihood of triggering the surety requirement in the first place.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 171-5 is part of a broader framework in Elmira Town's Code of Ordinances designed to hold rental property owners accountable when their buildings meet certain problem-property thresholds under § 171-4. Tenants living in buildings subject to this probationary certification process may have an interest in knowing whether their landlord has complied with the application, fee, and surety requirements, since non-compliance can be grounds for denial of certification. Tenants who believe their building may be subject to these requirements can contact the Elmira Town Code Enforcement Officer for information, or reach out to a local tenant-rights organization to better understand what options may be available to them.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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