Elmira, N.Y., Code ch. 8, art. V § 8-505

Violations

In Force
Verified 11/7/2026 · Next check 12/7/2026
ElmiraHabitability & Repair

Operative Text

Elmira, N.Y., Code ch. 8, art. V § 8-505
(a) Whenever the agency finds that there has been a violation of the housing standards, the agency shall issue a violation order to the person or persons responsible. The agency shall also issue a violation order to the person or persons responsible for failure to file or maintain reports, or for the furnishing of a false statement, or for interference with an inspector lawfully authorized to enter premises, or when a building or structure has been found to be or is deemed to be dangerous or unsafe hereunder. The order shall:
(1) Be in writing;
(2) Identify the premises;
(3) Specify the violation and remedial action to be taken;
(4) Provide a reasonable time limit for compliance;
(5) State the time within which an appeal may be taken; and
(6) If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, include, in the order a statement that if the violation is not remedied within the time limit specified in the order, the agency may remedy the violation.
(b) A violation order may be served as follows:
(1) Personal service upon the person or persons responsible;
(2) By mailing by registered or certified mail, a copy of such order to the person or persons responsible, addressed to the person or persons responsible at his last known address as shown by the records of the city assessor, city chamberlain, or clerk of the county; or
(3) If the agency is unable, following reasonable effort, to determine the address of the person or persons responsible, upon whom an order may be served, as provided in this division, then by posting a copy thereof in a conspicuous place on the premises and by mailing another copy thereof to the premises, on the same day as posted, enclosed in a postpaid wrapper addressed to the owner, lessor, or their respective agent.
(c) In case the owner, lessor, occupant, or the agent of any of them, shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified, the agency shall request the chief legal officer of the municipality to take appropriate legal action.
(d) If the violation constitutes a public nuisance or renders the premises dangerous or unsafe, and the violation order has been served, but the violation has not been remedied within the time limit specified in such violation order, the agency may remedy the violation, after obtaining a court order, without being required to give notice of the application for such order, authorizing the agency to enter the premises and remedy such violation after the expiration of five days from the date of service of the court order. Unless the court otherwise directs in such order, it shall be served in the same manner as provided in subsection (b) of this section, for the service of a violation order.
Source: Legislative text reproduced verbatim
Plain English

Elmira Code ch. 8, art. V § 8-505 establishes the process by which the local housing agency issues formal violation orders when housing standards are not met, when required reports are missing or falsified, or when a building is found dangerous or unsafe. Each order must be written, identify the property, describe the violation and required fix, and set a reasonable deadline for compliance. If a violation rises to the level of a public nuisance or safety hazard and is not corrected in time, the agency is authorized — after obtaining a court order — to step in and remedy the violation itself.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 6, 2026

Plain English — not legal advice.

For Property Managers

Under Elmira Code ch. 8, art. V § 8-505, property owners and managers who receive a violation order are expected to address the cited deficiency within the time limit stated in that order. Compliant operators keep their contact information current with city records so that any mailed notice reaches them promptly, and they respond to inspector access requests rather than interfering with lawful entry. When a violation is classified as a public nuisance or safety hazard, the stakes are higher: the agency may seek a court order to enter and remedy the condition at the owner's potential expense if the deadline passes without corrective action.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Elmira Code ch. 8, art. V § 8-505 gives tenants a basis to understand what happens when a housing violation is formally identified — the agency must issue a written order specifying the problem and a deadline for the responsible party to fix it. If conditions in a rental unit are dangerous or constitute a public nuisance and the landlord fails to act, the provision allows the agency to pursue court authorization to remedy the situation directly. Tenants who believe a violation exists can contact the Elmira housing agency to report conditions, and may also wish to consult a local tenant-rights organization to understand how a documented violation order could be relevant to their situation.

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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

Elmira Code § 8-359
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-403
Elmira Code § 8-426
Elmira Code § 8-428
Elmira Code § 8-428
Elmira Code § 8-359

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information