Hillburn, N.Y., Code of Ordinances ch. 188 (eCode360 ed. 2026) § 188-5
Application for search warrants
Operative Text
Nothing in this chapter shall be deemed to authorize an enforcement officer to conduct an inspection of any premises subject to this chapter without the consent of the owner, tenant or lessee of the premises or without a warrant duly issued by an appropriate court. At the request of the Building Department, the Village Attorney or his deputy or designee is authorized to make application to any other court of competent jurisdiction for the issuance of a search warrant to be executed by a police officer in order to conduct an inspection of any premises believed to be subject to the registry jurisdiction of this chapter where there is a reasonable cause to believe that there is a violation of the New York State Uniform Fire Prevention and Building Code or of any provision of the code of the Village of Hillburn.
Under Hillburn, N.Y., Code of Ordinances ch. 188 § 188-5, enforcement officers are not permitted to inspect rental premises covered by this chapter without either the consent of the owner, tenant, or lessee, or a validly issued court warrant. When the Building Department believes a violation of the New York State Uniform Fire Prevention and Building Code or the Village of Hillburn's local code may exist, the Village Attorney's office may apply to a court of competent jurisdiction for a search warrant. That warrant, if issued, is executed by a police officer rather than the enforcement officer alone.
Plain English — not legal advice.
Under ch. 188 § 188-5, a compliant property owner or manager understands that no enforcement officer may enter their premises for an inspection without either the owner's consent or a court-issued warrant. Operators familiar with this provision typically maintain their properties in accordance with the New York State Uniform Fire Prevention and Building Code and local Village ordinances, which reduces the likelihood that the Building Department would seek a warrant in the first place. Knowing the consent and warrant requirements helps owners make informed decisions when an inspection is requested.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 188-5 of Hillburn's Code of Ordinances affirms that tenants and lessees have a recognized role in the consent process — an enforcement officer cannot inspect a premises subject to this chapter without either the occupant's consent or a duly issued court warrant. If a tenant believes an inspection was conducted without proper authorization, that concern can generally be raised with the Village of Hillburn's Building Department or through a tenant-rights organization familiar with New York housing law. Tenants who suspect code violations on their premises may also note that § 188-5 provides a formal pathway — through the Village Attorney — for the Building Department to seek a warrant when reasonable cause exists.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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