Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-4
Service of notice, commencement of eviction proceedings
Operative Text
A. The following persons, corporations and agencies may serve personally upon the owner or landlord, or upon his agent, of demised real property used or occupied, in whole or in part, for the use or possession of illegal drugs or the existence of a public nuisance, a written notice requiring the owner or landlord to make an application for the removal of the person(s) so using or occupying the premises: (1) Any domestic corporation organized for the suppression of vice, subject to, or which submits visitation by the New York State Department of Social Services or the Erie County Department of Social Services, and possess a certificate from such department of such fact and of such conformity with regulations of the department. (2) Any duly authorized enforcement agency of New York State, or a subdivision thereof, and/or the City of Lackawanna, under a duty to enforce the provisions of the Penal Law or of any state or local law, ordinance, code, rule or regulation relating to buildings. B. If the owner or landlord, or his agent, does not make such application within five days thereafter, or having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving notice may bring a proceeding under this chapter for such removal as though the petitioner were the owner or the landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to the one theretofore brought by him and not prosecuted diligently and in good faith. Proof of illegal drug activity or a public nuisance at the demised premises or by the occupants thereof, or of those resorting thereto, shall constitute evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Notwithstanding the provisions of § 116-5 and § 116-6 of this chapter, multiple instances of illegal drug activity or a public nuisance are not required to commence an eviction proceeding under this chapter. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceeding under this chapter.
Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-4 establishes a process by which certain qualified organizations and government enforcement agencies can formally notify a property owner or landlord that their premises are being used for illegal drug activity or constitute a public nuisance, demanding that the owner seek removal of the offending occupants. If the owner or landlord fails to act within five days of receiving that notice—or acts without genuine diligence—the notifying party may step in and pursue eviction proceedings directly, as if they were the landlord. Notably, a single instance of illegal drug activity or a public nuisance is sufficient to trigger proceedings under this section, without the multiple-incident threshold that other parts of the chapter might otherwise require.
Plain English — not legal advice.
Under Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-4, a landlord who receives a written notice from a qualified anti-vice organization or an authorized enforcement agency is expected to promptly file an application for removal of the offending occupant within five days. Operators who respond quickly and pursue the removal application in good faith and with diligence retain control of the eviction process; those who delay or fail to act sincerely risk having the notifying party take over the proceedings and gain procedural priority. Compliant property managers typically document every step of their response to such notices to demonstrate good-faith prosecution of the removal application.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-4 makes both the occupant and the owner or landlord respondents in any removal proceeding brought under this chapter, meaning tenants facing such proceedings have a formal role in the legal process and an opportunity to respond. Because a single incident of alleged illegal drug activity or a public nuisance can be enough to commence proceedings under this section, occupants who believe a proceeding has been initiated improperly or without adequate basis may wish to consult a tenant-rights organization or legal aid service familiar with New York eviction law. Understanding the procedural requirements of this section—including who served the notice and whether the landlord was given the required five-day opportunity to act—may be relevant to any defense raised in the proceeding.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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