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Thursday, January 26, 2012

Rental Inspection Ordinance Found Unconstitutional

A New York Appellate Court recently found a local ordinance requiring an inspection and rental occupancy permit prior to occupancy of rental units unconstitutional.  ATM One, LLC v. Incorporated Village of Hempstead.  The Court determined that the ordinance exceeded the village’s authority by conditioning an owner’s ability to engage in the business of renting his or her own property on the owner’s forced consent to forego constitutional rights.  The court also found the ordinance unconstitutional because it authorizes a warrantless inspection of residential real property. 

Post authored by Julie Tappendorf, Ancel Glink.


  1. Your post is certainly one of the best source of valuable information every reader must follow. Glad to hear a lot from you soon. Keep on sharing! Thanks

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  2. Perhaps one of the most recurring ironies in life are law enforcers breaking the law. This indeed is unconstitutional.
    property management perth

  3. Interesting. This ordinance could have really been violating some rules. Homes are private places and inspecting them could mean getting in without permission. This inspection should be done properly and with proper guidance from the home owner. Conveyancer Mornington

  4. Although they are just renting their place, the people living there have the right to privacy and this kind of inspection is definitely not right. I hope the government can put proper action on this matter and the wa property buyers agent should clear the terms and agreement with their clients.

  5. they need to inspect the property before the tenent moves and after they move out not while living there