Port Jervis, N.Y., Code of Ordinances ch. 430 § 430-10
Multiple convictions to constitute presumptive evidence
Operative Text
Two or more convictions of any person or persons, within a period of one year, for any of the offenses defined in Articles 220 and 221 of the Penal Law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in Subdivision 4 of § 4 of the Multiple Dwellings Law shall be presumptive evidence of conduct constituting use and occupancy of the premises for the purpose of using and possessing illegal drugs, and of the tenant's knowledge thereof.
Under Port Jervis, N.Y., Code of Ordinances ch. 430 § 430-10, when two or more criminal convictions for drug-related offenses defined in Articles 220 and 221 of the Penal Law occur at the same dwelling within a one-year period, that pattern of convictions is treated as presumptive evidence that the property is being used for illegal drug activity. The rule also establishes a presumption that the tenant was aware of that activity. Presumptive evidence means a legal inference arises automatically from the facts, though it may be subject to rebuttal depending on how courts apply it.
Plain English — not legal advice.
Property owners and managers subject to Port Jervis, N.Y., Code of Ordinances ch. 430 § 430-10 generally monitor their properties for patterns of criminal activity, since two or more drug-related convictions at the same dwelling within a year can trigger a legal presumption of drug-use occupancy and tenant knowledge. Compliant operators typically maintain records of lease terms, communications with tenants, and any notices issued in response to reported illegal activity. Awareness of this provision is relevant when evaluating lease enforcement options tied to drug-related conduct on the premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Port Jervis, N.Y., Code of Ordinances ch. 430 § 430-10, tenants should be aware that multiple drug-related criminal convictions occurring at their dwelling within a one-year period can create a legal presumption that the premises are being used for illegal drug activity and that the tenant had knowledge of it. This presumption can be significant in housing proceedings, and tenants facing such circumstances may benefit from understanding how presumptive evidence works in their jurisdiction. Consulting a tenant-rights organization or legal aid provider familiar with Port Jervis housing law can help clarify what options may be available.
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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