City of Ithaca, NY Article VII Residential Rental Units

§ 210-42 Inspections.

A. At least once every five years, all buildings containing rental dwelling units that are either a single-family unit or are two-family units shall be inspected by the Building Department for compliance with the New York State Uniform Fire Prevention and Building Code, City of Ithaca Municipal Code Chapter 210, Housing Standards, and all applicable housing standards. At least once every three years, all buildings containing three or more rental dwelling units or rental dwelling units with five or more unrelated occupants shall be inspected by the Building Department for compliance with the New York State Uniform Fire Prevention and Building Code, New York State Multiple Residence Law, City of Ithaca Municipal Code Chapter 210, Housing Standards, and all applicable housing standards. At least once a year, all student housing, all dormitories, fraternities and sororities shall be inspected by the Building Department for compliance with the New York State Uniform Fire Prevention and Building Code, New York State Multiple Residence Law, City of Ithaca Municipal Code Chapter 210, Housing Standards, and all applicable housing standards. Buildings that contain both commercial and residential spaces are required to be inspected by the Building Department at the intervals required for the type of residential space and by the Fire Department at the intervals required for the commercial space.

B. In addition to the inspections required by Subsection A of this section, a firesafety and property maintenance inspection of any residential rental unit may also be performed by the code enforcement personnel at any time upon:

(1) Request of the owner of the property to be inspected or an authorized agent of such owner;

(2) Receipt by the code enforcement personnel of a written statement alleging that conditions or activities failing to comply with the Uniform Code, Energy Code or other applicable code exist; or

(3) Receipt by the code enforcement personnel of any other information, reasonably believed by the code enforcement personnel to be reliable, giving rise to reasonable cause to believer that conditions or activities failing to comply with the Uniform Code, Energy Code or other applicable code exist; provided, however, that nothing in this subsection shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained.

C. It shall be the responsibility of the owner of a rental property to schedule inspections and to obtain a certificate of compliance from the Building Department.

§ 210-43 Certificate of compliance.

A. All single-family or two-family rental dwellings shall be required to hold a valid certificate of compliance. Such certificate shall be valid for a period of not more than five years. Before the expiration of the certificate of compliance, it shall be the responsibility of the owner of the rental property to schedule a housing inspection with the Building Department in order to obtain a new certificate of compliance. All rental dwellings with three or more units or rental dwelling units with five or more unrelated persons shall also be required to hold a valid certificate of compliance. This certificate of compliance shall be valid for a period of not more than three years. Prior to the expiration of the certificate of compliance, it shall be the responsibility of the owner of the rental property to schedule a housing inspection with the Building Department in order to obtain a new certificate of compliance. All dormitories, fraternities and sororities shall be required to hold a valid certificate of compliance. Such certificate shall be valid for a period of not more than one year. Before the expiration of the certificate of compliance, it shall be the responsibility of the owner of the rental property to schedule a housing inspection with the Building Department in order to obtain a new certificate of compliance.

[Amended 6-7-2017 by Ord. No. 2017-06]

(1) The certificate of compliance shall be displayed in the main entryway of the rental dwelling, and accessible for all tenants to see. If units do not have a central entrance, the current certificate of compliance should be posted on the inside of a kitchen cabinet in each unit.

(2) All rental dwelling leases must state whether the rental dwelling has a valid certificate of compliance, its expiration date, and a current link to the certificate of compliance database where the certificate of compliance can be verified, which can currently be found at http://www.zhewiz.com/fmi/webd#CityOfIthacaBuildingList.

(3) Any rental dwelling that has obtained a valid certificate of compliance shall be presumed to continue being a rental dwelling or rental unit thereafter, regardless of the expiration of the certificate of compliance or until such time that the owner provides a written statement to the Building Division that the dwelling or unit is no longer rented and it is inspected by the Building Division to confirm that it is no longer rented.

[Added 3-6-2019 by Ord. No. 2019-04]

B. A certificate of compliance shall be issued upon verification by inspection that no violations of the Building Code, Energy Code, City of Ithaca Municipal Code, City of Ithaca Zoning Ordinance,[1] New York State Multiple Residence Law and any other applicable codes and ordinances exist.

[Amended 6-7-2017 by Ord. No. 2017-06]

[1] Editor's Note: See Ch. 325, Zoning.

C. Certificates of compliance shall not be issued to:

[Amended 6-5-2013 by Ord. No. 2013-15;[2] 6-7-2017 by Ord. No. 2017-06]

(1) Any rental unit that is in violation of any applicable City or state code.

(2) Any rental unit located on a property for which there is an outstanding warrant for a violation of any section of Chapter 178.

(3) Any rental unit which is not in compliance with all orders of the Director of Planning and Development or designee.

[2] Editor's Note: This ordinance provided for an effective date of 1-1-2014.

D. Failure of an owner of any rental unit to hold a valid certificate shall be deemed a violation of the Housing Code, and such dwelling unit may be ordered by the Director of Planning and Development or designee to be vacated until the property is brought into compliance with this chapter.

[Amended 6-5-2013 by Ord. No. 2013-15[3]; 6-7-2017 by Ord. No. 2017-06]

[3] Editor's Note: This ordinance provided for an effective date of 1-1-2014.

E. Verified over-occupancy will result in the immediate revocation of the certificate of compliance.

F. The fees for a certificate of compliance shall be a combination of the following charges:

[Amended 7-1-2009 by Ord. No. 2009-06]

(1) The basic inspection fee, which is determined by the cost of the room times the number of rooms in the building excluding closets. The cost of the room is shown below under Charge of room per occupancy.

(2) Administrative costs associated with a reinspection.

(3) Costs for each violation. This fee escalates when, upon each reinspection, the same previously cited violation has not been repaired.

(4) Charge of room per occupancy. The charges for room occupancy shall be assessed as follows:

(a) One- and two-family homes and multiple dwellings: $7/room.

(b) Fraternity houses, sorority houses: $10/room.

(c) Dormitories: $1.50/room.

(d) An administrative fee of $40 is charged each time an Inspector has to return for a reinspection.

(e) A fee of $5 will be charged for each violation found at the initial inspection. This fee will be doubled if, at the reinspection, a violation cited at the initial inspection has not been repaired. At each reinspection thereafter, an additional $5 will be added to a violation that has not been corrected. When all the violations have been corrected, the fee for violations can be determined by adding the violation and fee cost at the first inspection, the violation and fee charges at the second inspection, the violation and fee charges at the third inspection, etc.

(f) After 30 days and every 30 days thereafter, each and every violation not corrected will be charged an additional fee of $5.

(g) A property owner is allowed one extension of 30 days to prepare for an inspection or to fix violations.

G. Upon the issuance of a certificate of compliance or when the accumulated fee pursuant to Subsection F is $300 or more, the property owner shall be billed for services rendered at the rates established pursuant to Subsection F. This fee shall be paid to the City Chamberlain within 30 days of the billing date. If the required fee is not paid within 30 days of the billing date, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the City of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalties as the general City tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater.

[Amended 7-1-2009 by Ord. No. 2009-06; 12-2-2020 by Ord. No. 2020-07]

H. The owner of a property that has had an initial inspection but where violations remain so that a certificate of compliance cannot be issued within the intervals specified in Subsection A shall be billed for the filing fee and all associated costs listed in Subsection F(4), and a new filing fee shall be assessed.

[Amended 7-1-2009 by Ord. No. 2009-06]

I. When a property is sold without a current certificate of compliance, any unpaid fees for services pursuant to Subsection F(4) at the time of the sale shall be due and shall be billed pursuant to Subsection G. Such fees shall be the responsibility of the new owner.

[Amended 7-1-2009 by Ord. No. 2009-06]

J. The exclusive administrative remedy for a property owner wishing to appeal the amount of the bill which has been established pursuant to Subsection G is to file a notice of appeal with the Director of Planning and Development within seven days of the mailing date to the property owner of the bill for the inspection services. When a notice of appeal is filed, the Director of Planning and Development, using the regulations of the Housing Board of Review, shall schedule the matter at the next possible regular meeting of the Housing Board of Review. The property owner then has the responsibility to perfect the appeal to the Housing Board of Review by submitting three copies of the appeal and detailing the reasons why the property owner believes the fee is not justified. The property owner bears the burden of establishing that the accounting submitted by the inspector of the time spent for initial inspection, correspondence, review of the appropriate files, transportation, further inspections or other time spent is inaccurate. The Housing Board of Review shall have the authority to approve or reject such appeal in whole or in part.

[Amended 7-1-2009 by Ord. No. 2009-06; 6-5-2013 by Ord. No. 2013-15[4]]

[4] Editor's Note: This ordinance provided for an effective date of 1-1-2014.

§ 210-44 Dwelling unit information form.

[Amended 6-5-2013 by Ord. No. 2013-15[1]]

Before issuing a certificate of compliance, the Director of Planning and Development or his/her designee or his/her deputy shall secure a rental property information form, completed and signed by the property owner, which includes such information as:

A. The number of dwelling units.

B. The number of residents in each dwelling unit.

C. The number of sleeping rooms in each dwelling unit.

D. The number of families living in each dwelling unit.

E. The number of unrelated individuals in each dwelling unit.

F. The number of vehicles owned by residents of the premises.

[1] Editor's Note: This ordinance provided for an effective date of 1-1-2014.