Arrowsmith v. City of Rochester, 309 A.D.2d 1201 (N.Y. App. Div. 2003). · Go Syfert
Arrowsmith v. City of Rochester, 309 A.D.2d 1201 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
27 citation events (27 in the last 25 years) across 5 distinct courts.
Strongest positive: Cappon v. Carballada (nyappdiv, 2013-09-27)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Cappon v. Carballada
N.Y. App. Div. · 2013 · confidence medium
We have previously upheld as constitutional the City’s CO requirement as well as its procedure for issuing judicial warrants for inspections of premises in cases where the City has failed to obtain the consent of the homeowners or tenants (see Matter of City of Rochester [449 Cedarwood Terrace], 90 AD3d 1480 , 1482-1483 [2011], appeal dismissed 19 NY3d 937 [2012]; Arrowsmith v City of Rochester, 309 AD2d 1201, 1201-1202 [2003]).
discussed Cited as authority (rule) Cappon v. Carballada
N.Y. App. Div. · 2013 · confidence medium
We have previously upheld as constitutional the City’s CO requirement as well as its procedure for issuing judicial warrants for inspections of premises in cases where the City has failed to obtain the consent of the homeowners or tenants (see Matter of City of Rochester [449 Cedarwood Terrace], 90 AD3d 1480 , 1482-1483 [2011], appeal dismissed 19 NY3d 937 [2012]; Arrowsmith v City of Rochester, 309 AD2d 1201, 1201-1202 [2003]).
discussed Cited as authority (rule) Brockport Sweden Property Owners Ass'n v. Village of Brockport
N.Y. App. Div. · 2011 · confidence medium
“The challenged [local law], like all legislative enactments, enjoys an ‘exceedingly strong presumption of constitutionality’ ” (Arrowsmith v City of Rochester, 309 AD2d 1201, 1201 [2003], quoting Lighthouse Shores v Town of Islip, 41 NY2d 7 , 11 [1976]), and we conclude that, “on its face, [Local Law No. 8] does not unconstitutionally penalize á property owner for refusing to consent” to an inspection of his or her rental property (McLean v City of Kingston, 57 AD3d 1269, 1271 [2008], appeal dismissed 12 NY3d 848 [2009]; see Pashcow v Town of Babylon, 53 NY2d 687 [1981]; cf. Cama…
discussed Cited as authority (rule) McLean v. City of Kingston
N.Y. App. Div. · 2008 · confidence medium
While “[i]t is well established that the 4th Amendment protection against unreasonable searches and seizures extends to administrative inspections of private commercial premises” (Stender v City of Albany, 188 AD2d 986, 987 [1992], appeal dismissed 81 NY2d 1006 [1993]), “all legislative enactments[ ] enjoy[ ] an ‘exceedingly strong presumption of constitutionality’ ” (Arrowsmith v City of Rochester, 309 AD2d 1201, 1201 [2003], quoting Lighthouse Shores v Town of Islip, 41 NY2d 7 , 11 [1976]).
discussed Cited as authority (rule) In re City of Rochester
nyroccityct · 2003 · confidence medium
Addressing petitioners’ equal protection claim in that case, the Fourth Department applied a rational basis test, and concluded that Rochester’s “decision not to impose the same [certificate of occupancy] requirement on owner-occupied residential property has a rational basis.” (Arrowsmith, 309 AD2d at 1202 [citation omitted].) This court concurs.
examined Cited "see" Hafez v. City of Schenectady (3×)
N.D.N.Y. · 2012 · signal: see · confidence high
See id. at 1201 , 765 N.Y.S.2d 130 .
discussed Cited "see, e.g." People v. Fitzsimmons (Carol)
N.Y. App. Term. · 2016 · signal: see also · confidence medium
Santulli, LLC , 29 Misc 3d 54 , 58 [App Term, 2d Dept, 9th & 10th Jud Dists 2010] [" It is well established that a landlord does not have a reasonable expectation of privacy with respect to property he (or she) has rented to a tenant, and that is [*2] occupied by that tenant'," quoting Tarantino v City of Hornell , 615 F Supp 2d 102, 109 (WD NY 2009), affd 378 Fed Appx 68 (2d Cir 2010)]; see also Arrowsmith v City of Rochester , 309 AD2d 1201, 1202 [2003]; People v All State Props., LLC , 36 Misc 3d 159 [A], 2012 NY Slip Op 51820[U] , *2 [App Term, 2d Dept, 9th & 10th Jud Dists 2012]; Hafez v …
discussed Cited "see, e.g." Wisoff v. City of Schenectady
N.Y. App. Div. · 2014 · signal: see also · confidence medium
As the inclusion of the warrant requirement is sufficient to safeguard plaintiffs constitutional rights, his challenge to the facial validity of the RCO must fail (see Pashcow v Town of Babylon, 53 NY2d 687, 688 [1981]; Matter of Cappon v Carballada, 109 AD3d 1115 , 1117 [2013], appeal dismissed and lv denied 22 NY3d 1132 [2014]; McLean v City of Kingston, 57 AD3d 1269, 1271 [2008], lv dismissed 12 NY3d 848 [2009]; Stender v City of Albany, 188 AD2d at 987 ; see also Arrowsmith v City of Rochester, 309 AD2d 1201, 1201-1202 [2003]; see generally Matter of Burns v Carballada, 101 AD3d 1610 , 161…
discussed Cited "see, e.g." Wisoff v. City of Schenectady
N.Y. App. Div. · 2014 · signal: see also · confidence medium
As the inclusion of the warrant requirement is sufficient to safeguard plaintiffs constitutional rights, his challenge to the facial validity of the RCO must fail (see Pashcow v Town of Babylon, 53 NY2d 687, 688 [1981]; Matter of Cappon v Carballada, 109 AD3d 1115 , 1117 [2013], appeal dismissed and lv denied 22 NY3d 1132 [2014]; McLean v City of Kingston, 57 AD3d 1269, 1271 [2008], lv dismissed 12 NY3d 848 [2009]; Stender v City of Albany, 188 AD2d at 987 ; see also Arrowsmith v City of Rochester, 309 AD2d 1201, 1201-1202 [2003]; see generally Matter of Burns v Carballada, 101 AD3d 1610 , 161…
discussed Cited "see, e.g." Krieger v. City of Rochester
N.Y. Sup. Ct. · 2013 · signal: see also · confidence low
State statutes, as well as municipal enactments, are conferred an “exceedingly strong presumption of constitutionality.” (Lighthouse Shores v Town of Islip, 41 NY2d 7 , 11 [1976] [emphasis added] [upholding constitutionality of a municipal ordinance]; see also Arrowsmith v City of Rochester, 309 AD2d 1201 [4th Dept 2003] [affirming denial of due process challenge to City Charter provision]; Matter of State of New York v Enrique T, 93 AD3d 158, 167 [1st Dept 2012] [“(facial invalidation is an extraordinary remedy and generally is disfavored”], lv dismissed 18 NY3d 976 [2012].) While thi…
Retrieving the full opinion text from the archive…
William E. Arrowsmith
v.
City of Rochester
Appellate Division of the Supreme Court of the State of New York.
Oct 2, 2003.
309 A.D.2d 1201
Cited by 15 opinions  |  Published

Appeal from a judgment (denominated order) of Supreme Court, Monroe County (Galloway, J.), entered May 6, 2002, which, inter alia, granted defendant’s motion for summary judgment and denied plaintiffs’ cross motion seeking partial summary judgment and preliminary injunctive relief.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing the complaint and as modified the judgment is affirmed without costs.

Memorandum: Plaintiffs, property owners in the City of Rochester (City), commenced this declaratory judgment action challenging section 90-25 of the City Code insofar as it requires them to apply for renewal of certificates of occupancy for their residential rental properties every five years. Supreme Court properly granted defendant’s motion for summary judgment and denied plaintiffs’ cross motion seeking partial summary judgment and preliminary injunctive relief. Defendant established as a matter of law that none of the nine causes of action in the complaint has merit, and plaintiffs failed to raise a triable issue of fact (see CPLR 3212 [b]). While the court properly declared that section 90-25 is constitutional, however, it erred in dismissing the complaint (see Boyd v Allstate Life Ins. Co. of N.Y., 267 AD2d 1038, 1039 [1999]). We therefore modify the judgment by vacating the provision dismissing the complaint.

The challenged ordinance, like all legislative enactments, enjoys an “exceedingly strong presumption of constitutionality’ (Lighthouse Shores v Town of Islip, 41 NY2d 7, 11 [1976]), and plaintiffs failed to submit proof to rebut that presumption. Contrary to plaintiffs’ contention, section 90-25 is “sufficiently precise to satisfy the requirements of due process” (Wegman’s Food Mkts. v State of New York, 76 AD2d 95, 101 [1980]). Contrary to the further contention of plaintiffs, the ordinance, considered in conjunction with section 1-9 of the City Charter,[*1202] does not authorize warrantless, nonconsensual inspections of their properties in violation of their Fourth Amendment rights (see Pashcow v Town of Babylon, 53 NY2d 687, 688 [1981]; Slender v City of Albany, 188 AD2d 986, 987 [1992], appeal dismissed 81 NY2d 1006 [1993]; cf. Sokolov v Village of Freeport, 52 NY2d 341, 346-347 [1981]). The requirement that plaintiffs apply for renewal of certificates of occupancy every five years bears a reasonable relationship to defendant’s legitimate goals of promoting public health and safety and maintaining property values (see generally Marcus Assoc. v Town of Huntington, 45 NY2d 501, 506-507 [1978]), and defendant’s decision not to impose the same requirement on owner-occupied residential property has a rational basis (see Lighthouse Shores, 41 NY2d at 13). The court properly concluded that plaintiffs lack standing to allege, on behalf of their tenants, violations of the tenants’ rights under the Fourth Amendment (see Alderman v United States, 394 US 165, 174 [1969]), the Fair Housing Act (42 USC § 3601 et seq.; see Smithfield Concerned Citizens for Fair Zoning v Town of Smithfield, 719 F Supp 75, 85 [1989], affd 907 F2d 239 [1990]), or the Human Rights Law (Executive Law art 15; see Sisters of Resurrection, N.Y. v Country Horizons, 257 AD2d 729, 731 [1999]). The court also properly rejected plaintiffs’ remaining challenges to the ordinance. Present — Green, J.P., Wisner, Gorski and Lawton, JJ.