Elmira Town, N.Y., Code of Ordinances ch. 171 (eCode360 ed. 2026) § 171-8
Revocation
Operative Text
A. Probationary certification. During the probationary certification term, if any residential housing building subject to the certification meets any of the criteria set forth in § 171-4B(1) , (2) or (3) , the Town may revoke the certification. Prior to such revocation, the Department shall serve on the owner by certified mail, return receipt, and first class mail or by personal service, a notice of the Town's intent to revoke the certification with respect to the rental housing buildings subject to the certification. The notice shall specify whether the proposed revocation applies to all or some of owner's residential housing buildings, if to some the specific address of the potentially impacted building; the grounds for the proposed revocation, and the date, time and place of a hearing to be conducted before a person designated by the Town Supervisor. The designee shall make a record of the hearing and shall refer the record together with his recommendation to the Town Supervisor for review and decision. The owner may be represented by counsel and shall be allowed to summon witnesses in his behalf. The Town shall have the burden of proving the grounds for revocation. Compliance with technical rules of evidence shall not be required. B. Shutdown notice. (1) Upon revocation of a probationary certification, the owner and agent, if any, of the building subject to the certification shall not continue to rent or begin to rent any dwelling unit within the building for a period of six months from the date of revocation or date of correction of all cited Code violations, whichever period is longer. The superintendent of buildings shall cause to be posted conspicuously on the owner's building containing a rental dwelling unit a shutdown 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." (2) If a building subject to a shutdown notice as provided in Subsection B(1) of this section is transferred to a new owner during the shutdown period, said period shall continue to its expiration date or the date of correction of all cited Code violations, whichever is shorter.
Section 171-8 of Elmira Town's Code of Ordinances establishes a process by which the Town may revoke a probationary rental housing certification if a building meets certain disqualifying conditions outlined in § 171-4B(1), (2), or (3). Before revocation takes effect, the owner must receive formal notice and an opportunity for a hearing, at which the Town bears the burden of proof. Upon revocation, a shutdown notice is posted on the building, and the owner is prohibited from renting any dwelling unit within it for at least six months or until all cited code violations are corrected, whichever period is longer. If the building is sold during the shutdown period, the restriction generally carries over to the new owner until the shorter of the original expiration date or full correction of violations.
Plain English — not legal advice.
Under § 171-8, operators holding a probationary certification should maintain continuous compliance with the conditions referenced in § 171-4B(1), (2), and (3), since any lapse can trigger a formal revocation proceeding. Compliant operators typically respond promptly to any notice of intent to revoke, engage counsel if needed, and prepare documentation and witnesses for the hearing before the Town Supervisor's designee. Because a revocation results in a mandatory shutdown notice posted on the building and a prohibition on renting units for at least six months, proactive code compliance is central to uninterrupted rental operations under Chapter 171.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 171-8 provides tenants with important context about what happens when a landlord's probationary certification is revoked: a shutdown notice must be conspicuously posted on the building, and occupancy is prohibited 30 days after that posting. Tenants residing in a building subject to a § 171-8 shutdown notice may wish to contact the Elmira Town Department of Buildings to understand the timeline and their options, or reach out to a local tenant-rights organization for general guidance. If a building is sold during a shutdown period, the restrictions under this provision generally remain in effect, which may be relevant to anyone considering or currently occupying a unit in such a building.
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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