Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-6
Other evidence of prohibited conduct as presumption of existence of illegal drug activity or a public nuisance
Operative Text
Two or more incidents of the following activities at any building, structure or real property within one-year period prior to the commencement of a civil action by notice of such action as provided within this chapter shall be prima facie evidence of the existence of illegal drug activity or a public nuisance. A. Service of an accusatory instrument charging any of the offenses defined in Article 220 and 221 of the New York State Penal Law occurring upon the property. For the purposes of this section, an accusatory instrument shall include, but not be limited to, any criminal information, misdemeanor and/or felony complaint filed in a court of competent jurisdiction. B. Service of a search warrant on the building, structure or real property where controlled substances, marihuana (marijuana), drug paraphernalia and/or weapons are seized. C. Recovery of illegal controlled substances, drug paraphernalia or illegal firearms or weapons on the building, structure or real property. D. Investigative purchases of illegal controlled substances on the building, structure or real property by law enforcement agencies or their agents. E. Two or more arrests or convictions for any of the activities set forth in the definition of a public nuisance in § 116-1 at any premises, building, structure or real property within a two-year period shall be prima facie evidence of the existence of a public nuisance.
Under Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-6, two or more qualifying incidents at a property within a one-year period before a civil action is filed can serve as prima facie evidence that illegal drug activity or a public nuisance exists there. Qualifying incidents include things like criminal charges filed for drug offenses under New York Penal Law Articles 220 and 221, execution of search warrants resulting in seizures, recovery of controlled substances or illegal weapons, and undercover drug purchases by law enforcement. Separately, two or more arrests or convictions tied to public nuisance activity within a two-year period can independently establish the same presumption. This evidentiary standard lowers the threshold for initiating civil action but does not itself determine final liability.
Plain English — not legal advice.
Property owners and managers subject to Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-6 should be aware that repeated law-enforcement activity at their properties—such as drug-related charges, search warrant executions, or seizures—can accumulate into a legal presumption of nuisance or illegal drug activity. Compliant operators generally maintain active oversight of their properties, respond promptly to law-enforcement notifications, and take documented steps to address problematic activity before incidents multiply. Keeping records of any remedial actions taken can be relevant if a civil action is later commenced under this chapter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Lackawanna, N.Y., Code of Ordinances ch. 116 § 116-6, tenants living in a building where repeated drug-related law-enforcement incidents have occurred may find their housing affected if the city pursues civil action based on the presumption this provision creates. Tenants who believe they are being displaced or penalized unfairly as a result of nuisance proceedings may have grounds to raise defenses or seek information about the action through local housing or legal-aid resources. Consulting a tenant-rights organization familiar with Lackawanna's nuisance ordinance can help clarify what options may be available in a given situation.
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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