DECISION AND ORDER I. INTRODUCTION Plaintiff, the owner and landlord of an apartment house in Jamestown, New York, alleges that Defendants, municipal officials, condemned its building in a manner that violated Plaintiff’s rights under the Fourth and Fourteenth Amendments. Docket No. 1. Currently before the Court are the parties’ cross-motions for summary judgment. Docket Nos. 17, 19. In support of Plaintiff’s Motion for Summary Judgment on the issue of liability, Plaintiff submits a Statement of Undisputed Facts (Docket No. 17-1), Attorney Affidavit (Docket No. 17-2), Declaration of Harold W. Whitford, Jr. (Docket No. 17-3), Declaration of Brenda L. Strasser (Docket No. 17-4), and Memorandum of Law (Docket No. 17-5). Defendants submit, in support of their opposition and cross-motion, a Statement of Undisputed Facts (Docket No. 19-2), an Attorney Declaration (Docket No. 19-3), Supporting Declarations (Docket No. 19-4), and Memorandum of Law (Docket No. 19-5). They also submit an Opposing Statement of Undisputed Material Facts. Docket No. 20. Plaintiff has filed a Reply. Docket No. 21. Oral argument on the pending motions was held before Magistrate Judge Kenneth Schroeder on January 26, 2016. The parties held a mediation session on October 31, 2017, after which the parties agreed to a potential settlement, contingent upon the approval of the Jamestown City Council. Docket No. 26. On November 20, 2017, the Jamestown City Council rejected the proposed settlement, and Defendants thereafter moved, unopposed, to reopen the matter and restore it to the Court’s calendar. Docket No. 29. The Court granted Defendants’ motion on May 15, 2018 (Docket No. 30), and now addresses the pending Motions for Summary Judgment. II. FACTUAL BACKGROUND The following facts are undisputed unless otherwise noted. Parties Plaintiff Royal Housing LLC (“Plaintiff”) is a limited liability company organized under the laws of the State of New York. Defendant City of Jamestown (“Jamestown”) is a municipal corporation with offices located at 200 E. Third Street, Jamestown, County of Chautauqua, State of New York. Defendant Samuel Teresi (“Teresi”) is the Mayor of the City of Jamestown. Defendant Vince DeJoy III (“DeJoy”) is the Director of Development for the City of Jamestown. In that capacity, he directs and supervises various code enforcement personnel, including Defendant Greg Moran (“Moran”). Moran was an employee of the City of Jamestown until his retirement on November 15, 2014, performing the jobs of “Rehab and Code Enforcement Officer” and “Housing Inspector.” The City of Jamestown, Teresi, DeJoy, and Moran are collectively referred to herein as “Defendants.” The Subject Property Plaintiff is the owner of the premises commonly known as 1091 E. Second Street in the City of Jamestown (“the subject property”). The subject property is a two-story home that contains five apartments, numbered 1 through 5. Plaintiff is the property’s owner and acting landlord in renting the five apartment units. Until September 5, 2014, four of the five apartments were rented pursuant to month-to-month tenancies. Whitford Decl.
6-7; Strasser Decl.
