Port Jervis, N.Y., Code of Ordinances ch. 430 § 430-9
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 fact 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 15 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 article 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. C. Proof of the ill repute of the demised premises or of the occupants thereof or of those resulting 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 proceedings.
Port Jervis, N.Y., Code of Ordinances ch. 430 § 430-9 establishes a process by which certain qualified organizations or government 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 15 days—or pursues the required eviction proceeding without genuine diligence—the notifying party gains the legal standing to bring the removal proceeding themselves, effectively stepping into the landlord's role. Evidence of the premises' or occupants' ill repute can serve as presumptive proof of unlawful use, and both the occupant and the owner or landlord are named as respondents in any such proceeding.
Plain English — not legal advice.
Under ch. 430 § 430-9, a compliant property owner or landlord who receives a written notice from a qualified anti-vice organization or government enforcement agency generally responds promptly by filing an application for removal of the offending occupant within the 15-day window the ordinance specifies. Operators who receive such a notice typically pursue the eviction proceeding actively and in good faith, because failure to do so can result in the notifying agency acquiring the right to bring the proceeding independently—and taking precedence over any later action the owner or landlord initiates. Maintaining documentation of all steps taken after receiving a § 430-9 notice is a practice commonly associated with demonstrating diligent prosecution of a removal application.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ch. 430 § 430-9 makes both the occupant and the owner or landlord respondents in any removal proceeding brought under this article, meaning tenants named in such a proceeding have a formal opportunity to respond and contest the allegations before a tribunal. The provision's reliance on 'ill repute' as presumptive evidence of unlawful use is a legal standard that can be examined and challenged within the proceeding itself. Tenants facing a removal action under this section may wish to consult a tenant-rights organization or legal aid provider familiar with Port Jervis housing and eviction law to understand available defenses and procedural rights.
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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