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Rental Permit Law Did Not Constitute Unconstitutional Search or Seizure
Infinite Green, Inc. v. Town of Babylon, NYLJ 11/28/22, p. 27, col. 3, AppDiv, Second Dept. (memorandum opinion)
In landowner's action challenging the constitutionality of the town's rental permit law, the town appealed from Supreme Court's grant of summary judgment to the town. The Appellate Division reversed, holding that the permit law did not constitute an unconstitutional search or seizure.
According to the town code, an owner who applies for a rental permit must provide a certification of code compliance from either the town building inspector or a licensed professional engineer. When the town zoning inspector accused landowner of violating the code provision, landowner brought this action challenging the constitutionality of the provision because it required landowner to consent to a warrantless inspection as a precondition to obtaining the permit. Supreme Court granted summary judgment to landowner.
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