Elmira Town, N.Y., Code of Ordinances ch. 170 (eCode360 ed. 2026) § 170-3
Violation
Operative Text
A. In addition to any other remedies available under law, any owner failing to comply with the requirements of this chapter shall be subject to a civil penalty of not less than $100 but not more than $1,500 for each day the violation continues. B. If there be any violation of this chapter with respect to any building containing one or more dwelling units, which dwelling units are occupied in whole or in part for human habitation, no rent shall be recovered for such dwelling units for any period during which such violation exists, and in any action or proceeding to collect rent owing for any period during which such violation exists or to recover possession of the dwelling units for nonpayment of such rent, proof of violation of any of the provisions of this chapter shall be an absolute defense to such action or proceeding. C. No owner, agent or person in charge shall collect rents during any period of noncompliance with the provisions of this chapter which would otherwise be due and owing for the rental of a dwelling unit unless and until he shall have complied with the provisions of this chapter. D. In addition to Subsections A , B and C of this section, any owner failing to comply with the requirements of this chapter must apply for and obtain a probationary certification pursuant to Chapter 171 . In the event an owner fails to apply for and obtain a probationary certification, the Code Enforcement Officer may cause to be posted conspicuously on any or all of the owner's buildings containing a rental dwelling unit a notice stating substantially as follows: "These premises are uncertified pursuant to Chapter 171 of the Code of the Town of Elmira, and the use and occupancy of the building is prohibited effective 30 days from the date of this notice, and thereafter no person shall enter the building except for the purpose of making repairs, maintenance and security until the owner registers in accordance with Chapter 171 and complies with the provisions of Chapter 171."
Section 170-3 of Elmira Town's Code of Ordinances establishes multiple consequences for property owners who fail to comply with Chapter 170's requirements. Civil penalties between $100 and $1,500 can accrue for each day a violation continues, and rent cannot legally be collected or recovered for any dwelling unit during a period of noncompliance. Additionally, proof of a Chapter 170 violation serves as an absolute defense in any court action to collect unpaid rent or regain possession of a unit based on nonpayment, and persistent noncompliance can ultimately result in a posted notice prohibiting occupancy of the affected building.
Plain English — not legal advice.
Operators subject to Elmira Town Code ch. 170 § 170-3 generally maintain continuous compliance with Chapter 170 to avoid daily civil penalties that can reach $1,500 per day per violation. Compliant operators also ensure they do not collect rent during any period of noncompliance, as doing so is expressly prohibited and rent collected during such periods cannot be legally recovered. When a violation does occur, operators typically move promptly to remedy it and, if required, apply for a probationary certification under Chapter 171 to avoid the Code Enforcement Officer posting a notice that prohibits occupancy of their rental buildings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Elmira Town Code ch. 170 § 170-3, tenants living in a dwelling unit affected by a Chapter 170 violation have a significant protection: proof of that violation is an absolute defense in any court proceeding brought by an owner to collect unpaid rent or to recover possession of the unit for nonpayment during the violation period. Tenants also have the right to withhold rent that would otherwise be owed during a period of noncompliance, as the law prohibits owners from collecting it. Tenants who believe their building is out of compliance with Chapter 170 may consider documenting the violation, contacting the Elmira Town Code Enforcement Officer, or reaching out to a local tenant-rights organization to understand the full range of options available to them.
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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