Ithaca, N.Y., Code of Ordinances ch. 177 § 177-4
Service of notice; commencement of eviction proceedings
Operative Text
A. The following persons, corporations or agencies, may serve personally upon the owner or landlord, or upon his agent, of demised real property used or occupied in whole or in part for the use or possession of illegal drugs, a written notice requiring the owner or landlord to make an application for the removal of the person(s) so using or occupying the premises: (1) Any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the State Department of Social Services and possesses a certificate from such Department of such fact and of conformity with regulations of the Department. (2) Any duly authorized enforcement agency of the state or of a subdivision thereof, under a duty to enforce the provisions of the Penal Law or of any state or local law, ordinance, code, rule or regulation relating to buildings. B. If the owner or landlord or his agent does not make such application within five days thereafter; or, having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving the notice may bring a proceeding under this chapter for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of the occupants thereof or of those resorting thereto shall constitute presumptive evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceeding.
Ithaca, N.Y., Code of Ordinances ch. 177 § 177-4 establishes a process by which certain qualified organizations or authorized enforcement agencies can formally notify a property owner or landlord that they must seek the removal of occupants who are using or possessing illegal drugs on the premises. If the owner or landlord fails to act on that notice within five days—or acts without genuine diligence—the notifying party may step in and bring the removal proceeding directly, as if they were the owner. In such a proceeding, both the occupant and the owner or landlord are named as respondents, and evidence of the property's ill repute can serve as presumptive proof of unlawful use.
Plain English — not legal advice.
Under ch. 177 § 177-4, a compliant property owner or landlord who receives a written notice from a qualified anti-vice organization or authorized enforcement agency generally acts promptly—within the five-day window—by filing an application for removal of the occupant(s) identified in the notice. Operators who receive such a notice also typically pursue that application diligently and in good faith, because failure to do so allows the notifying party to take over the proceeding and gain legal precedence over any subsequent action the owner might bring. Keeping records of any notices received and the steps taken in response is a practice commonly associated with demonstrating good-faith compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ch. 177 § 177-4 means that tenants named in a removal proceeding—whether initiated by the landlord or by a third-party organization or agency that stepped in—are made formal respondents and have the opportunity to participate in that legal process. Tenants who find themselves subject to such a proceeding may wish to understand that the proceeding follows the same framework as one brought by an owner or landlord, and that evidence of a property's general reputation can be used as presumptive proof against occupants. Consulting a tenant-rights organization or legal aid service familiar with Ithaca housing law can help tenants understand what rights and defenses may be available to them in a ch. 177 proceeding.
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.
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