Lackawanna, N.Y., Code of Ordinances ch. 177 § 177-6
Effect of denial or revocation
Operative Text
A. Vacant units. When a rental dwelling unit registration certificate has been denied or revoked, no further rental and occupancy of dwelling units then vacant shall be permitted until a rental dwelling unit registration certificate has been issued. B. Occupied units. In addition to other penalties under this chapter, when a rental dwelling unit registration certificate has been denied or revoked, the dwelling units containing such violations shall be vacated after the Director provides notice to the owner and the occupants of the dwelling units containing said violations. Such notice shall direct the owner and occupants of the dwelling units containing such violations to vacate within a period of time as determined by the Director or Code Enforcement Officers and may provide a reasonable period for the owner of occupants an opportunity to correct such violations. For the owner, such notice shall be mailed by first class mail to the owner at the address provided by the owner pursuant to § 177-4 of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. For the occupants, such notice shall be mailed to the occupant at the dwelling unit or posted conspicuously at the occupant's dwelling unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued. C. Occupied units; immediate hazard. In addition to other penalties under this chapter, when a rental dwelling unit registration certificate has been denied or revoked for reasons which, in the determination of the Director, present violations of the housing code that create an immediate hazard to the health and safety of the occupants, the dwelling units containing such violations shall be vacated within 30 days of such determination. The Director's determination shall be in writing and shall direct the owner and occupants of the dwelling units containing such violations to vacate the premises within a period of time not to exceed 30 days, as determined by the Director. The Director's determination shall be mailed by first-class mail to the owner at the address provided by the owner pursuant to § 177-4 of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. The Director's determination shall be posted at the subject building and, to the extent possible, it shall also be posted conspicuously at each dwelling unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued. D. The notices provided under this section shall not be used to institute, or deemed to establish sufficient grounds for, a summary eviction proceeding under the Real Property Actions and Proceedings Law .
Under Lackawanna, N.Y., Code of Ordinances ch. 177 § 177-6, when a rental dwelling unit registration certificate is denied or revoked, vacant units cannot be re-rented until a valid certificate is obtained. Occupied units must be vacated after the Director notifies both the owner and tenants, though a reasonable correction period may be allowed. If the Director determines that violations create an immediate health or safety hazard, vacating must occur within 30 days. Importantly, the notices issued under this section cannot be used as the basis for a summary eviction proceeding under New York's Real Property Actions and Proceedings Law.
Plain English — not legal advice.
Under § 177-6, a compliant property owner maintains a valid rental dwelling unit registration certificate at all times to avoid denial or revocation consequences. When a certificate is denied or revoked, operators generally act promptly to correct cited violations so that vacant units can be re-rented and occupied units avoid mandatory vacatur orders. Owners should keep their address current with the city as required by § 177-4, since official notices under this section are mailed to that address or personally served.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 177-6 of the Lackawanna Code provides that notices directing tenants to vacate cannot themselves be used to start a summary eviction proceeding under New York's Real Property Actions and Proceedings Law. Tenants who receive a vacatur notice may wish to contact a local tenant-rights organization or legal aid office to understand available options. Consulting the Lackawanna Code Enforcement office can also help clarify whether a correction period applies or whether an immediate-hazard determination has been made.
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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