Elmira, N.Y., Code ch. 8, art. V § 8-531
Board of appeals
Operative Text
(a) There is hereby created a housing board of appeals, consisting of three members to be appointed for a term of two years each. If any member shall for any reason be unable to serve the total term for which that member was appointed, the appointment necessary to fill the member's vacancy shall be for the unexpired term. (b) The appointments of members of the housing board of appeals shall be made by the mayor, with the approval of the council. (c) The board shall meet during the second full week of the calendar month following the calendar month in which an appeal is submitted to the superintendent of building construction. (d) The housing board of appeals shall hear and determine applications from any person seeking relief from a housing code violation order who files with the superintendent, within the order's time limit for compliance, a written notice of that person's desire for relief from that order. (e) It shall be the duty of the board to give notice of any appeal, by first class mail, to the occupant of any parcel contiguous to the property concerning which an appeal is taken, but the validity of any application to or ruling of the board shall not be affected by the board's failure to provide such notice. (f) In hearing and determining applications under this subdivision, the board shall have the following duties and responsibilities: (1) Determinations. The board shall decide matters involving determinations of the agency with respect to this division and the housing standards, or rules or regulations of the agency. (2) Interpretations. The board shall decide questions involving the interpretation of this division and the provisions of the housing standards, as well as the rules and regulations of the agency. (3) Modifications. When strict enforcement would result in practical difficulties or unnecessary hardship, the board may modify any provision of this chapter, if all four of the following conditions are met: i. The strict application of the provisions of this chapter would deprive the applicant of any reasonable use of land or building; or the granting of the modification would be necessary for the reasonable use of such property; ii. There are special circumstances or unique conditions, applying to such land, building, occupant or owner and not applying in general to the land, buildings, occupants and circumstances or unique conditions are not the result of any willful act of the applicant; iii. The granting of the modification would be in harmony with the general purpose and intent of the housing code; would not be injurious to the occupants of the building or the residents of the neighborhood in which the building is located; would not otherwise be detrimental to the public welfare; would keep secure the public's mental and physical health and safety; and would promote substantial justice; and iv. The modification granted is the minimum modification necessary to accomplish the purpose.
Elmira Code ch. 8, art. V § 8-531 establishes a Housing Board of Appeals in Elmira, consisting of three members appointed by the mayor with city council approval, each serving two-year terms. The board hears written appeals from anyone seeking relief from a housing code violation order, provided the appeal is filed with the superintendent of building construction before the compliance deadline in the order. The board has authority to make determinations, interpret housing code provisions, and — under specific conditions — grant modifications to strict code requirements when enforcement would cause practical difficulties or unnecessary hardship. Any modification granted must be the minimum necessary to achieve a reasonable use of the property without harming occupants, neighbors, or the public.
Plain English — not legal advice.
Under Elmira Code ch. 8, art. V § 8-531, property owners who receive a housing code violation order have a formal avenue to seek relief by filing a written notice with the superintendent of building construction before the order's compliance deadline expires. Compliant operators generally document any special circumstances or unique conditions affecting their property that might support a hardship modification request, since the board evaluates whether strict enforcement would deprive the owner of reasonable use of the land or building. The board convenes during the second full week of the month following the month in which an appeal is submitted, so operators typically account for that timeline when managing compliance schedules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Elmira Code ch. 8, art. V § 8-531 gives occupants and neighbors a stake in the appeals process — the board is required to notify occupants of properties contiguous to an appealed parcel by first-class mail, though a failure to provide that notice does not invalidate the board's ruling. Tenants living in a building subject to a housing code violation order should be aware that a landlord may file an appeal seeking relief or a modification of that order, which could affect the timeline for required repairs. Tenants who have concerns about a pending appeal or a modification request can contact the Elmira superintendent of building construction's office or a local tenant-rights organization to understand how the process under § 8-531 may affect their housing conditions.
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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