City of Rochester
News Release
(Friday, Feb. 5, 2010) – Mayor Robert J. Duffy announced today that New York State Supreme Court Justice Thomas A. Stander ruled that the City’s Administrative Warrant law does not violate the Fourth Amendment of the U.S. Constitution.
“This law has always been about public safety, providing City inspectors a means to ensure buildings in Rochester comply with the health and safety codes of this city, protecting people from such hazards as fire and exposure to lead paint,” Mayor Duffy said. “We are grateful that the Court has affirmed our authority to provide that protection despite the objections of a select few.”
Justice Stander issued decisions in two cases involving the constitutionality of the inspection warrant legislation adopted by the City last year and on the City requests for inspection warrants for two City properties.
In each case, Justice Stander upheld the City’s Local Law against all constitutional challenges. The Local Law was adopted by the City on March 16, 2009 and provides a procedure for the City to obtain warrants from the Courts when they are required to conduct inspections of properties for compliance with code provisions.
Justice Stander set down the two warrant applications for further hearings before deciding whether they should be issued. The City is very pleased that the Court has found its inspection warrant procedures to be constitutional. These procedures are designed to protect the rights of all persons, while still allowing the City to conduct necessary inspections to provide for the health, safety and welfare of all of its residents.
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