Ithaca, N.Y., Code of Ordinances ch. 177 § 177-5
Multiple convictions to constitute presumptive evidence
Operative Text
Two or more convictions of any person or persons had, within a period of one year, for any of the offenses defined in Articles 220 or 221 of the Penal Law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in Subdivision 4 of Section 4 of the Multiple Dwelling Law shall be presumptive evidence of conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs, and of the tenant knowledge thereof.
Under Ithaca, N.Y., Code of Ordinances ch. 177 § 177-5, when two or more drug-related criminal convictions under Articles 220 or 221 of the Penal Law occur at the same dwelling within a one-year period, that pattern of convictions is treated as presumptive evidence that the property is being used for illegal drug activity. The rule also establishes a presumption that the tenant was aware of that activity. Presumptive evidence means the fact-finder may draw that conclusion from the convictions unless rebutted by contrary evidence.
Plain English — not legal advice.
Property owners and managers operating under ch. 177 § 177-5 should be aware that repeated drug-related criminal convictions at a dwelling they own can trigger a legal presumption that the premises are being used for illegal drug purposes. Compliant operators generally maintain records of any law-enforcement activity at their properties and stay informed about criminal proceedings involving tenants. Understanding this provision is relevant to how landlords document and respond to ongoing illegal activity at a dwelling.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 177-5 of Ithaca's Code of Ordinances establishes that two or more drug convictions at a dwelling within one year can be used as presumptive evidence against a tenant, including a presumption of the tenant's knowledge of the drug activity. Tenants who believe this presumption does not accurately reflect their situation may have the ability to present rebuttal evidence in any related proceeding. Consulting a tenant-rights organization or legal aid service familiar with Ithaca housing law can help tenants 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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