Lackawanna, N.Y., Code of Ordinances ch. 177 § 177-13
Enforcement inspection criteria and authority
Operative Text
A. A registration certificate will not be issued if one of the following occurs: (1) The owner fails to properly register subject properties, or the registration certificate is revoked; (2) Such unit has been abandoned by the owner, or the owner of such unit cannot be found; (3) An excessive amount of exterior inspection violations or excessive callback fees have been imposed or billed as a result of enforcement activity under Chapter 83 of the City Code; (4) The unit is on a parcel of land which is on the list of delinquent taxes filed by the Department of Assessment and Taxation, or a list of delinquent user fee charges, or outstanding administrative adjudication charges, or any other collection accounts outstanding with the City of Lackawanna; (5) The unit or the property within which the unit is located has, within the preceding three months, been the subject of a written petition filed with the Department of Development or by a City Council member, which petition requests that such unit be inspected and is signed by five or more persons having personal knowledge of the unit or property, stating one or more reasons why such unit should be inspected by the City; (6) The Director or Code Enforcement Officers have a reasonable basis to believe that there exists within such unit one or more violations of codes which constitutes a serious danger to the health, safety and welfare of persons living in such unit, or which would make the unit or structure in which the unit was located a dangerous structure or unfit for human habitation under Chapter 83 and Chapter 139 of the City Code; (7) The owner has failed or refused to pay fees to the City for inspections, certificates or any other fees required by law. B. The Director is hereby authorized to make or cause to be made inspections of premises subject to the requirements of this chapter to determine the condition of dwelling units in order to enforce the provisions of this chapter. The Director is authorized to enter, upon consent of the owner or occupant, any premises or dwelling unit subject to the requirements of this chapter in order to enforce the provisions of this chapter. C. Inspection access. If any owner, occupant or other person in charge of a dwelling or dwelling units fails or refuses to permit free access and entry to the structure or premises under his control for any inspection pursuant to this chapter, the Director may seek a search warrant or other appropriate court order authorizing entry. Nothing in this chapter shall be deemed to authorize the Director or Code Enforcement Officer to conduct an inspection of any premises subject to this chapter without the consent of the owner, or occupant, or other person in charge of property, or a warrant duly issued by an appropriate court.
Lackawanna, N.Y., Code of Ordinances ch. 177 § 177-13 establishes the conditions under which a rental registration certificate may be withheld or denied, and sets out the authority city officials have to inspect dwelling units. A certificate can be blocked for reasons ranging from unpaid fees and delinquent taxes to community petitions or a reasonable belief that serious code violations exist on the property. Inspections may only occur with the consent of the owner or occupant, or pursuant to a court-issued search warrant.
Plain English — not legal advice.
Under ch. 177 § 177-13, compliant property operators in Lackawanna generally keep their registrations current, resolve outstanding tax and fee obligations, pay all required inspection and certificate fees on time, and avoid accumulating excessive exterior inspection violations or callback fees under Chapter 83. Operators who maintain clear accounts with the City and address code concerns proactively are less likely to face certificate denial or revocation. When an inspection is requested, granting access voluntarily is the standard practice of a compliant operator; the Director may seek a court order if access is refused.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 177-13 of the Lackawanna City Code gives tenants and community members a formal avenue to request an inspection: a written petition signed by five or more people with personal knowledge of a property, filed with the Department of Development or through a City Council member, can trigger review of a unit's registration eligibility. Tenants also have a right to know that no inspection of their dwelling may occur without their consent or a court-issued warrant. Those who believe their unit has serious health or safety violations may contact the Department of Development or a local tenant-rights organization to understand what options exist under this provision.
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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