Plaintiff sued the town after a local zoning inspector accused the plaintiff of violating a zoning ordinance which required a rental permit for “any non-owner occupied rental unit regardless of whether or not rent is paid.” It also required that the property have a certification from a Town building inspector or professional engineer that the building was up to code, before such a permit could be issued. The plaintiff had a rental unit on their premises, but did not have a valid rental permit, and also had not received certification from a Town building inspector or professional engineer. The plaintiff argued that this was a violation of their Fourth Amendment right against unreasonable searches and seizures, which the Second Department denied unequivocally. The court held the law did not require the plaintiff to submit to a government search, and allowed him to obtain a certification from a private inspector, meaning the requirement did not violate his Fourth Amendment right against warrantless search and seizure without probable cause:
https://www.nycourts.gov/reporter/3dseries/2022/2022_00407.htm
