Walden, N.Y., Code of Ordinances ch. 215 (eCode360 ed. 2026) § 215-4
Multiple convictions to constitute presumptive evidence
Operative Text
Two or more convictions of any person or persons, within a period of one year, for any of the offenses defined in Articles 220 and 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 § 4, Subdivision 4, of the Multiple Dwellings 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's knowledge thereof.
Under Walden, N.Y., Code of Ordinances ch. 215 § 215-4, when two or more people are convicted within a single year of drug-related offenses under Articles 220 and 221 of the Penal Law, and those offenses arose from conduct at the same dwelling, that pattern of convictions is treated as presumptive evidence that the premises are being used for illegal drug activity and that the tenant was aware of it. Presumptive evidence means a fact-finder may draw that inference without additional proof, though it can be rebutted. This rule applies specifically to dwellings as defined under the Multiple Dwellings Law.
Plain English — not legal advice.
Property owners and managers operating under Walden, N.Y., Code of Ordinances ch. 215 § 215-4 generally track criminal activity associated with their rental units, since two or more drug-related convictions at the same dwelling within a year can create a legal presumption of drug-use occupancy and tenant knowledge. Compliant operators typically maintain records of any law-enforcement activity at their properties and stay informed about proceedings under Articles 220 and 221 of the Penal Law involving their units. Understanding how this presumption functions in nuisance-abatement or eviction proceedings is a common part of managing properties subject to this ordinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Walden, N.Y., Code of Ordinances ch. 215 § 215-4, a tenant should be aware that multiple drug-related convictions at their dwelling within a year can be used as presumptive evidence of their knowledge of illegal drug activity on the premises. Because this is a presumption rather than conclusive proof, it may be possible to challenge or rebut it through available legal processes. Tenants facing proceedings that invoke this provision may find it useful to consult a tenant-rights organization or legal aid service familiar with New York housing and nuisance law.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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