A.
Owners of premises shall be responsible for compliance with the housing
standards and shall remain responsible therefor regardless of the
fact that this Part 3 may also place certain responsibilities on operators
and occupants and regardless of any agreement between owners and operators
or occupants as to which party shall assume such responsibility.
B.
Owners of premises shall be responsible for proper maintenance, condition
and operation of service facilities and for furnishing adequate heat
and hot-water supply in multiple dwellings.
Lodging house operators shall be responsible for compliance
with the housing standards in regard to the following:
A.
Limiting occupancy to the maximum permitted by the housing standards.
B.
Maintenance of safe and sanitary conditions in all parts of lodging
house premises.
C.
Maintenance and operation of all required service facilities.
D.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances within his control, as well as other building equipment
and facilities, in an operative, clean and sanitary condition.
E.
Sanitary maintenance of walls, floors and ceilings.
F.
Keeping exits clear and unencumbered.
G.
Disposal of building garbage and refuse in a clean and sanitary manner.
H.
Extermination of insects, rodents or other pests on the premises.
I.
Hanging and removing required screens.
Occupants of dwelling units shall be responsible for compliance
with the housing standards in regard to the following:
A.
Limiting occupancy of that part of the premises which he occupies
or controls to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which he occupies or controls
in a clean, sanitary and safe condition.
C.
Maintenance of all plumbing, cooking and refrigeration fixtures and
appliances, as well as other building equipment and storage facilities
in that part of the premises which he occupies or controls, in a clean
and sanitary condition and providing reasonable care in the operation
and use thereof.
D.
Keeping exits from his dwelling unit clear and unencumbered.
E.
Disposal of garbage and refuse into provided facilities in a clean
and sanitary manner.
F.
Extermination of insects, rodents or other pests within his dwelling
unit if his unit is the only one infested in the premises.
G.
Hanging and removing required screens.
H.
Keeping his domestic animals and pets in an appropriate manner and
under control.
A.
General.
(1)
All residential rental dwelling units shall be inspected and certified
by the Code Enforcement Officer of the City of Rensselaer Department
of Planning and Building (hereinafter "the Department"), which shall
determine compliance with, administer and enforce all applicable provisions
of this code and the Code. Effective October 1, 2003, all rental dwelling
units in the City of Rensselaer must be registered on the Rental Dwelling
Registry. On and after December 31, 2003, residential occupancy permits
for rental dwellings shall be valid for 24 months from the date of
issuance or at the time of a change in occupancy.
(2)
Nothing contained herein shall be construed or operate to invalidate
an otherwise legally effective permit or certificate issued prior
to October 1, 2001, except that such permit or certificate shall be
valid only until October 3, 2003, or a change in the tenancy of the
residential rental dwelling unit to which the permit or certificate
relates, whichever first occurs.
(3)
Except as otherwise provided herein, it shall be unlawful and a violation
of this chapter to rent, lease or otherwise allow the occupancy of
any residential rental dwelling unit without the inspection and certification
as required herein.
(4)
If, upon inspection, said premises do not comply with all applicable provisions of this code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, as provided in § 121-69. The notice and order shall be served as set forth in this Chapter 121. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the residential rental dwelling unit, apartment or multiple residence in which they have an interest at no cost.
B.
The officials charged with conducting the inspection shall make such
inspection, access and circumstances permitting, within three business
days of receipt of a request from the owner, agent or occupant.
C.
An owner, agent or occupant may file with the Department a request
for such inspection and the issuance of a residential occupancy permit
by regular mail or in person at the office of the head of the Department.
D.
Nothing in this section shall be construed to limit the right of
the Department to inspect any property at any time. If, after issuing
a residential occupancy permit, the Department receives a complaint
alleging a violation of this chapter, other than a violation that
creates an imminent hazard to the public health or to the physical
or mental health of the occupants of the rental property, the Department
shall make a good faith effort to notify the owner or agent of the
complaint by either telephone or regular mail before conducting an
inspection under this chapter and shall provide to the owner or agent
one working day to explain what steps the owner or agent is taking
to correct the violation. The Department may take steps necessary,
by inspection or other means, to assure that the violation is corrected.
E.
No residential occupancy permit shall be issued under this section unless and until the fee(s) required under Subsection J of this section is paid in full to the Department.
F.
No residential occupancy permit shall be issued under this section unless the rental dwelling unit is an authorized use pursuant to Chapter 179, Zoning, and until all other applicable provisions and requirements of the Code of the City of Rensselaer are complied with and met.
G.
Collection of rents. No owner, agent or person in charge shall collect
rents during any period of noncompliance with the provisions of this
part which would otherwise be due and owing for the rental of premises
unless and until he or she shall have complied with the provisions
herein. Nothing herein shall be construed to prevent a landlord, upon
receipt of the residential occupancy permit, from receiving the equitable
value of the occupancy of the premises from the earliest date of occupancy,
but in no event shall a landlord recover in excess of the agreed rent.
H.
Applicability. The provisions of this section shall not apply to
dwellings designed and used exclusively for occupancy as hotels, motels,
transient homes or establishments of like nature.
I.
Temporary residential occupancy permit. The Department may cause
to be issued at its discretion a temporary occupancy permit following
an initial inspection, which temporary occupancy permit shall be subject
to review and revocable at the discretion of the Department. No temporary
occupancy permit may be issued where fire safety is involved, such
as defective electrical wiring, the absence of either an operating
smoke detector or a carbon monoxide detector where required, or improper
or inadequate means of egress and other conditions of like nature.
J.
Fees and exemptions.
(1)
There shall be a charge of $30 for each certificate of occupancy
issued by the Department.
(2)
Failure to appear within 15 minutes of a scheduled inspection (no
show) shall result in a fee of $20 per unit.
(3)
Cancellation of a scheduled inspection less than 24 hours before
the scheduled inspection (late cancellation) shall result in a fee
of $20 per unit.
(4)
Cancellation of a scheduled inspection for the unit more than once
or after a no show (second cancellation) shall result in a fee of
$20 per unit.
(5)
Owner-occupied rental dwellings containing not more than one rental
unit owned by one or more natural persons, all of whom are aged 65
years or older, are exempt from the filing fees set forth herein.
(6)
Payment of the applicable fee under this section shall not be due until the Department has conducted an inspection of the subject premises and written notice is delivered to the owner thereof that the Department is prepared to issue a residential occupancy permit as required under this § 121-92 for such premises.
[1]
Editor's Note: This local law also stated that it shall take
effect on 10-1-2003.
[Added 9-3-2003 by L.L. No. 8-2003]
A.
Purpose and legislative intent.
(1)
The purpose of this section is to protect the health, safety
and welfare of residents; to protect a diverse housing stock from
deterioration; and to accomplish the foregoing at the lowest cost
to owners and occupants in order to keep housing costs as low as reasonably
possible in a manner consistent with compliance with this Code.
(2)
The Common Council finds and declares that the registration
of rental property is intended to and will ensure the protection of
persons and property in all existing residential rental structures
and on all premises required to be registered under this section,
and ensure that rental property owners and prospective rental property
owners are informed of, and adhere to, code provisions governing the
use and maintenance of rental properties, including provisions limiting
the maximum occupancy for which a rental dwelling unit can be certified.
B.
Scope. Except as hereinafter provided, this section shall apply to
every rental dwelling, dwelling unit and premises that is leased,
rented, let, assigned or otherwise classified as a rental property,
with or without valuable consideration, by an owner-occupant, an absentee
owner or a legal agent on behalf of the owner.
C.
ADMINISTRATOR
AGENT
DWELLING
OWNER
OWNER-OCCUPIED DWELLING
RENTAL DWELLING UNIT
ROOMING UNIT
Definitions. The following terms shall apply in the interpretation
and enforcement of this section:
The Building Inspector or his designee.
Any person who has charge, care or control of a building,
or part thereof, in which rental dwelling units or rooming units are
let.
Any building which is wholly or partly used or is intended
to be used as habitable space for human occupants.
Any person or entity who, alone or with others, has legal
or equitable title.
A dwelling occupied by its owner or by members of his or
her family on a nonrental basis.
Any room or contiguous group of rooms located within a building
and forming a single, habitable living space for one family.
Any furnished room for rent located within a building and
forming a single sleeping space.
D.
Registration of rental dwellings.
(1)
All rental dwellings shall be registered with the City by the
owner as required herein.
(2)
All rental dwellings existing as of the effective date of this
chapter shall be registered on or before December 31, 2003. The Administrator
may require and order registration prior to that date for any dwelling
cited in a notice under the City Code. Failure to comply with such
an order is a violation of this chapter.
(3)
The owner of a new rental dwelling or any dwelling newly converted
to a rental dwelling shall register the rental dwelling prior to allowing
occupancy of any new rental unit.
(4)
The owner of any rental dwelling already registered with the
City shall reregister within 30 days after any change occurs in registration
information. A new owner of a registered dwelling shall reregister
the dwelling within 60 days of assuming ownership.
E.
Rental dwelling registry. The City shall maintain a registry of all
rental dwellings and rental units containing the following information,
which shall be provided by the owner on forms available from the Department
of Fire and Emergency Services:
(1)
The name, legal residence address and telephone number of the
owner and any agent in control of the rental dwelling, and in the
event the owner or agent is not a natural person, then the owner information
shall be that of the president, general manager or other chief executive
officer of the organization. Where more than one natural person has
an ownership interest, the required information shall be included
for each owner. The information required herein shall also include
the address and phone number where the owner(s), agent(s) and/or responsible
person(s) may be reached day and night.
(2)
The number and type of rental units in the dwelling.
(3)
The address of the rental dwelling.
(4)
The date of birth of the owner or owners of the rental dwelling for those seeking an exemption of the filing fee requirement as provided under § 121-92.
(5)
The employer identification number in the event that the rental
dwelling is owned by a corporation.
(6)
If neither the address of the owner or the address of the agent in control of the premises, as provided in Subsection E(1), are within 50 miles of the rental property, the name, legal residence or business address within Rensselaer County and telephone number of a natural person who shall be an agent for service of notices and orders issued under this chapter and for service of process in connection with the prosecution of violations of this chapter in Rensselaer City Court or other court of competent jurisdiction.
F.
Failure to register; inaccurate or incomplete information. It shall
be a violation of this chapter for an owner or a responsible person
to provide inaccurate information for the registry of rental dwellings
or to fail to provide the information required herein for the registry.
