Lackawanna, N.Y., Code of Ordinances ch. 139 § 139-9
Inspections
Operative Text
A. The Department of Development and its representatives shall be authorized, in the performance of their duties, to conduct inspections of premises, or parts of premises, at such times and in such manner as the Department of Development may find convenient or necessary, with the consent of the person in possession or occupancy. B. If admission is refused or cannot be obtained from the person in possession or occupancy, the Department of Development or its representatives shall be authorized to obtain a warrant to make an inspection, provided reasonable or probable cause is shown. C. In case of an emergency, the Department of Development or its representatives may, without a warrant, enter any premises or parts of premises to inspect the same, at any time, without the permission of the person in possession or occupancy.
Under Lackawanna, N.Y., Code of Ordinances ch. 139 § 139-9, the Department of Development is authorized to inspect rental premises under three distinct circumstances: with the consent of the occupant during normal operations, by obtaining a court-issued warrant when consent is refused and reasonable or probable cause exists, and without a warrant or consent in emergency situations. The provision establishes a tiered framework that balances the city's interest in code compliance with occupants' general right to control access to their homes. Emergency entry is the narrowest exception and applies only when circumstances require immediate action.
Plain English — not legal advice.
Property owners and managers operating under ch. 139 § 139-9 generally cooperate with scheduled or announced inspections by the Department of Development, as consent-based entry is the standard pathway. Compliant operators typically maintain properties in a condition that supports routine inspections and keep lines of communication open with the Department to facilitate timely access. Refusing or obstructing access without cause may prompt the Department to seek a warrant, which can escalate the inspection process and draw additional scrutiny.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 139 § 139-9, tenants in possession of a unit retain the right to consent to or decline routine inspections by the Department of Development, though the Department may seek a warrant if access is refused and probable cause is demonstrated. In genuine emergencies, inspectors may enter without consent or a warrant, which is a recognized but narrow exception to the general consent requirement. Tenants who have questions about whether an inspection was conducted properly may consider reaching out to a local tenant-rights organization or the Department of Development directly for clarification on the applicable procedures.
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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