Lackawanna, N.Y., Code of Ordinances ch. 177 § 177-16

Appeals

In Force
Verified 11/7/2026 · Next check 2/5/2027
LackawannaRental Registration

Operative Text

Lackawanna, N.Y., Code of Ordinances ch. 177 § 177-16
A. Any person affected by any notice or order which has been issued under any provisions of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Director of Development. Upon receipt of a written petition from such person, which petition shall contain a brief statement of the grounds therefor, the Director shall hold a hearing, at which time such person shall be given an opportunity to show why such notice or order should be modified or withdrawn. No such hearing shall be required unless the petition therefor shall have been filed in the office of the Director within 15 days after the date the notice or order was issued. On receipt of such petition, the Director shall set a time and place for such hearing and shall give the petitioner written notice thereof. The hearing shall be commenced no later than 10 days after the date on which the petition was filed unless otherwise agreed by the petitioner and Director. After such hearing, the Director may sustain, modify, or withdraw the notice or order complained of by the petitioner, depending upon his findings as to whether the provisions of this chapter and of rules and regulations adopted pursuant thereto have been complied with. After such hearing, in the case of any notice or order suspending any permit required by this chapter, when such notice or order has been sustained by the Director, such suspended permit shall be deemed to have been revoked. The proceedings at such hearing, including the findings and decision of the Director, shall be reduced to writing and entered as a matter of public record in the Office of the Director. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Director may appeal therefrom to any court of competent jurisdiction under the procedures provided by the laws of this state. B. No provision or requirement herein contained for a hearing shall in any way whatsoever affect or impair the right of the Director to at any time bring legal proceedings, actions or prosecutions as otherwise or elsewhere are permitted by law or ordinance. C. Whenever the Director or Code Enforcement Officers finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Director, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, the Director shall continue such order in effect or modify or revoke it.
Source: Legislative text reproduced verbatim
Plain English

Section 177-16 of Lackawanna's Code of Ordinances ch. 177 establishes a formal appeals process for anyone affected by a notice or order issued under Chapter 177. A written petition must be filed within 15 days of the notice or order, after which the Director of Development must hold a hearing within 10 days to consider whether the notice or order should be sustained, modified, or withdrawn. In emergency situations, the Director may issue an immediate order without prior notice or hearing, though the affected party retains the right to request a hearing afterward. Decisions from the Director may be further appealed to a court of competent jurisdiction under New York State law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to a notice or order under Lackawanna Code ch. 177 § 177-16 should be aware that a compliant operator generally tracks the 15-day window for filing a written petition with the Director of Development if they wish to contest any such notice or order. Operators typically document all communications with the Director's office and attend scheduled hearings to present grounds for modification or withdrawal of the notice or order. In emergency situations under § 177-16(C), compliance with any immediate order is required even before a hearing is held, and a written petition for a subsequent hearing may be submitted to the Director.

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

For Tenants

Tenants affected by a notice or order issued under Lackawanna Code ch. 177 § 177-16 have the right to request a hearing before the Director of Development by filing a written petition within 15 days of the notice or order. At that hearing, the tenant has the opportunity to present reasons why the notice or order should be modified or withdrawn, and the Director's written decision becomes part of the public record. If the Director's decision is unfavorable, § 177-16 preserves the right to appeal to a court of competent jurisdiction, and tenants may wish to consult a local tenant-rights organization 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

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

Source Information

Snapshot SHA:
Fetched:Nov 7, 2026, 08:56 AM UTC