Geneseo, N.Y., Code of Ordinances ch. 96 (eCode360 ed. 2026) § 96-27

Application for search warrant authorized

In Force
Verified 11/10/2026 · Next check 12/10/2026
GeneseoRental Registration

Operative Text

Geneseo, N.Y., Code of Ordinances ch. 96 (eCode360 ed. 2026) § 96-27
The Code Enforcement Officer shall have the right to inspect all or any part of rental dwellings or units, provided that the tenant has consented, except that in the event that the owner is not a permittee, then the owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction in order to enable such inspection. The officials charged with conducting the inspection pursuant to this chapter shall be required to obtain a search warrant in the event that they are unable to obtain the consent of the owner if the owner is not a permittee, and, in all circumstances, a tenant with common authority over the premises to be searched after such tenant has been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant. The Code Enforcement Officer is authorized, on sworn affidavit stating the factual bases therefor, to make application to the Village Court of Geneseo or to such other court as may be deemed appropriate for the issuance of an administrative search warrant. The search warrant may be executed by the Code Enforcement Officer only in the case of permittees and, in all other cases, by a peace officer who may be accompanied by the Code Enforcement Officer in order to conduct an inspection of any premises covered by this chapter where the occupant refuses or fails, after due notice as provided herein, to allow an inspection of the dwelling unit or premises, where there is reasonable cause to believe that a violation of this chapter or a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code or the Code of the Village of Geneseo exists, or where there is reasonable cause for inspection. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York and the United States.
Source: Legislative text reproduced verbatim
Plain English

Section 96-27 of Geneseo's Code of Ordinances establishes the conditions under which the Code Enforcement Officer may inspect rental dwellings. Inspections generally require either the tenant's consent or, when the property owner is not a registered permittee, the owner's consent as well — and tenants must be informed of their constitutional right to refuse entry without a search warrant. When consent cannot be obtained, the Code Enforcement Officer is authorized to apply to the Village Court of Geneseo for an administrative search warrant, which may be executed by a peace officer accompanied by the Code Enforcement Officer where reasonable cause for inspection exists.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Under § 96-27, property owners who are registered permittees occupy a different legal position than non-permittees when it comes to inspection access — permittees may have a search warrant executed directly by the Code Enforcement Officer, while non-permittees retain the right to demand a warrant before any inspection proceeds. Compliant operators generally maintain their permittee status current, respond promptly to inspection notices, and understand that refusing or failing to allow access after due notice can trigger a formal warrant application. Keeping records of all inspection-related communications is a practice commonly associated with orderly compliance under this chapter.

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

For Tenants

Section 96-27 explicitly protects tenants by requiring that they be informed of their constitutional right to refuse entry to Code Enforcement officials without a search warrant before any consent-based inspection takes place. If a tenant has common authority over the premises, officials must obtain that tenant's consent or secure a court-issued administrative search warrant before proceeding with an inspection. Tenants who believe an inspection was conducted without proper consent or a valid warrant may wish to consult a tenant-rights organization or legal aid service familiar with Geneseo's Code of Ordinances to understand available options.

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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Geneseo Code § 96-27
Geneseo Code § 96-22
Geneseo Code § 96-64
Geneseo Code § 96-66
Geneseo Code § 96-31
Geneseo Code § 96-21
Geneseo Code § 96-27
Geneseo Code § 96-23
Geneseo Code § 96-44
Geneseo Code § 96-21
Geneseo Code § 96-17
Geneseo Code § 96-42
Geneseo Code § 96-23

Related Rules

§ 244.210
Manner of registering
§ 244.230
Posting
§ 165.10
JUST CAUSE ENFORCEMENT FEE

Source Information

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Fetched:Nov 9, 2026, 11:22 PM UTC