Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-5
Multiple convictions constitute presumptive evidence
Operative Text
Two or more convictions of any person or persons had, within a period of one year, for any of the offenses defined in Article 220 or 221 of the Penal Law or any of the offenses set forth as a public nuisance in § 116-1 arising out of conduct engaged in the same real property consisting of a dwelling as that term is defined in Subdivision 4 of the New York State Multiple Dwelling Law , shall be presumptive evidence of conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs or of the existence of a public nuisance and of the tenant's knowledge thereof.
Under Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-5, when two or more criminal convictions for drug-related offenses (under Penal Law Articles 220 or 221) or public nuisance offenses occur at the same dwelling within a single year, that pattern of convictions is treated as presumptive evidence that the property is being used for illegal drug activity or constitutes a public nuisance, and that the tenant was aware of it. Presumptive evidence means a legal inference arises automatically from the facts, though it can potentially be rebutted. This rule applies to dwellings as defined under Subdivision 4 of the New York State Multiple Dwelling Law.
Plain English — not legal advice.
Under § 116-5, property owners and managers should be aware that repeated criminal convictions tied to a dwelling within a twelve-month window can trigger a legal presumption that the premises are being used for illegal drug activity or maintained as a public nuisance. Compliant operators generally document all reported incidents, cooperate with law enforcement, and monitor whether criminal activity is recurring on their properties. Awareness of this presumption is relevant when evaluating lease enforcement options and responding to municipal notices related to nuisance conditions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 116-5 establishes that two or more drug or nuisance convictions at a dwelling within one year create a presumption of the tenant's knowledge of illegal activity, which can be significant in housing proceedings or eviction actions. Tenants who believe this presumption has been incorrectly applied to their situation may have grounds to challenge it, since presumptive evidence is not conclusive proof. Consulting a tenant-rights organization or legal aid provider familiar with Lackawanna housing law can help tenants understand what options may be 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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