Walden, N.Y., Code of Ordinances ch. 215 (eCode360 ed. 2026) § 215-3
Service of notice; commencement of eviction proceedings
Operative Text
A. The following persons, corporations or agencies may serve personally upon the owner or landlord, or upon his agent, of demised real property used or occupied in whole or in part for the use or possession of illegal drugs a written notice requiring the owner or landlord to make an application for the removal of the person(s) so using or occupying the premises: (1) Any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the State Department of Social Services and possesses a certificate of such fact of conformity with the regulations of the State Department of Social Services. (2) Any duly authorized enforcement agency or person of the state or of a subdivision thereof, under a duty to enforce the provisions of the Penal Law or of any state or local law, ordinance, code, rule or regulation relating to buildings. B. If the owner or landlord or his agent does not make such application for removal within 15 days after the date of the mailing of the notice, or having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving the notice may bring a proceeding under this article for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith. C. Proof of the existence, use or sale of illegal drugs on the premises shall constitute presumptive evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceedings.
Walden, N.Y., Code of Ordinances ch. 215 § 215-3 establishes a process by which certain authorized entities — including qualifying anti-vice corporations and government enforcement agencies — can formally notify a property owner that illegal drug activity is occurring on their premises and demand that the owner seek eviction. If the owner fails to pursue that removal within 15 days of receiving the notice, or pursues it without genuine diligence, the notifying party gains the legal standing to bring the eviction proceeding directly, stepping into the role the owner would otherwise occupy. Evidence of illegal drug use or sale on the property is treated as presumptive proof of unlawful use, and both the occupant and the owner are named as respondents in any such proceeding.
Plain English — not legal advice.
Under Walden, N.Y., Code of Ordinances ch. 215 § 215-3, a compliant property owner who receives a written notice from an authorized enforcement agency or qualifying corporation acts promptly — initiating a formal application for removal of the offending occupant within the 15-day window and pursuing that application diligently and in good faith. Owners who delay or fail to prosecute the removal actively risk losing control of the proceeding, as the notifying party may then step in and conduct the eviction action in the owner's place. Operators generally maintain documentation of any steps taken in response to such notices to demonstrate good-faith compliance with the timeline this section requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Walden, N.Y., Code of Ordinances ch. 215 § 215-3 means that a tenant facing removal proceedings brought under this provision — whether initiated by the landlord or by an authorized third party — is named as a respondent and has the opportunity to participate in the legal proceeding. The section's presumption that evidence of drug activity constitutes unlawful use is a procedural element that can be examined and contested within the proceeding itself. Tenants who believe a proceeding under this article has been improperly initiated or that their rights have not been observed may wish to consult a tenant-rights organization or legal aid service familiar with Walden and New York State housing law.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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