Village Must Give Landlord Miranda Warning When Charging with Criminal Building Code Violations

The Village of Westbury charged landlord of single-family home with criminal violation of 17 Building Code provisions involving construction, conversion, and renting without a permit, as well as electrical and plumbing violations. Landlord asked the court to dismiss the charges, claiming that the village conducted an unauthorized search of the house. The court ruled against landlord, finding that the search was done with landlord's consent and based upon probable cause to believe that one or more Building Code provisions were being violated. But the court did rule that the village couldn't use at trial statements made by landlord and that, in the future, building inspectors who have made a determination to charge a landlord with criminal violations must give the landlord "Miranda" warnings within 15 days of arraignment that statements he makes could be used against him at trial.

People of Incorporated Village of Westbury v. Gray: 2017 NY Slip Op 27204, 2017 WL 2623968 (Justice Ct. Westbury; 6/15/17; Liotti, J)