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NY2: Rental property inspection does not require a Fourth Amendment violation

By John Wesley Hall, Jr.

Rental property inspection statutes does not require an unreasonable search. If the owner does not consent, the inspectors have to get a search warrant. People v Laroche, 2010 NY Slip Op 20142, 2010 N.Y. Misc. LEXIS 823 (2d Dept. April 13, 2010): Defendant argues that North Hempstead Town Code § 2-103 -- which makes it unlawful for the owner of a dwelling to permit the occupancy of such dwelling as a rental without having a valid permit to do so -- is unconstitutional because it requires a property owner to submit to a warrantless search of his or her property. However, since North Hempstead Town Code § 2-110 provides for the inspection of residential dwellings upon consent and pursuant to a warrant, North Hempstead Town Code § 2-103 does not compel a residential property owner to consent to a warrantless search and is not unconstitutional (see Pashcow v Town of Babylon, 53 NY2d 687, 688 [1981])...continue to full post

Full post as published by Fourth Amendment on April 26, 2010 (boomark / email).