Horseheads, N.Y., Code of Ordinances ch. 188 (eCode360 ed. 2026) § 188-24
Application for search warrant authorized
Operative Text
The Code Enforcement Officer shall have the right to inspect all or any part of rental buildings and structures or units, provided that the tenant has consented, except that in the event that the owner is not a permittee, then the owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction in order to enable such inspection. The officials charged with conducting the inspection pursuant to this chapter shall be required to obtain a search warrant in the event that they are unable to obtain the consent of the owner, if the owner is not a permittee, and, in all circumstances, also a tenant with common authority over the premises to be searched after such tenant has been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant. The Code Enforcement Officer is authorized, on sworn affidavit stating the factual basis therefore (i.e., that there is reasonable cause to believe that a violation of this chapter occurred), to make application to the Village of Horseheads Justice Court or to such other court as may be deemed appropriate for the issuance of an administrative search warrant. The search warrant may be executed by the Code Enforcement Officer only in the case of permittees and, in all other cases, by a police or peace officer who may be accompanied by the Code Enforcement Officer in order to conduct an inspection of any premises covered by this chapter where the occupant refuses or fails, after due notice as provided herein, to allow an inspection of the dwelling unit or premises, where there is reasonable cause to believe that a violation of this chapter or a violation of the Multiple Residence Law , the New York State Uniform Fire Prevention and Building Code or the Code of the Village of Horseheads exists, or where there is reasonable cause for inspection. The application for a search warrant shall, in all respects, comply with applicable federal and state laws.
Section 188-24 of Horseheads, N.Y., Code of Ordinances ch. 188 establishes the conditions under which the Code Enforcement Officer may inspect rental buildings, units, or structures. Inspections generally require the consent of the tenant and, in certain cases, the property owner; when consent cannot be obtained, officials must secure an administrative search warrant from a court of competent jurisdiction before proceeding. The warrant process requires a sworn affidavit showing reasonable cause to believe a violation of the chapter, the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code, or the Village of Horseheads Code exists.
Plain English — not legal advice.
Under § 188-24, property owners who are not permittees retain the right to require that the Code Enforcement Officer obtain a search warrant before conducting an inspection of their rental property. Compliant operators typically maintain awareness of their permittee status, as that status affects whether the Code Enforcement Officer may execute a warrant directly or must involve a police or peace officer. Keeping open lines of communication with the Code Enforcement Office and understanding the consent and warrant requirements of this section are practices commonly associated with smooth inspection processes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 188-24 explicitly recognizes that tenants have a constitutional right to refuse entry to Code Enforcement officials without a search warrant, and officials are required to inform tenants of this right before seeking consent. If a tenant believes an inspection was conducted without proper consent or a valid warrant, that concern may be relevant to any enforcement action arising from the inspection and could be raised through appropriate legal channels. Tenants seeking to understand their rights under this provision may find it helpful to consult a tenant-rights organization or legal aid service familiar with Village of Horseheads ordinances.
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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