The Constitutionality of Pre-Occupancy Inspections

Recently, a village's law requiring occupancy applications and inspection of rental units, before a previously occupied unit may be reoccupied, was held to be unconstitutional by the Appellate Division.

11 minute read March 29, 2012 at 12:55 PM

Steven M. Silverberg

The Constitutionality of Pre-Occupancy Inspections

Building Inspectors have the difficult job of determining whether violations that affect the public health and safety exist, but property owners also have a right to be protected from unlawful searches of their property, pursuant to the Fourth Amendment of the U.S. Constitution.

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