[Amended 10-3-2001 by Ord. No. 2001-11]
A.
Owners of premises shall be responsible for compliance with the housing standards and shall remain responsible therefor in addition to the fact that this Part 3 may also place certain responsibilities on operators and occupants and in addition to any agreements between owners and operators or occupants as to which party shall assume such responsibility. Compliance with this section shall be a pre-condition to obtaining a certificate of compliance pursuant to § 210-43.
B.
Owners of premises shall be responsible for the proper
maintenance, condition and operation of service facilities and for
furnishing adequate heat and hot-water supply in multiple dwellings.
C.
Delegation of responsibilities to local agent. Property
owners must file an agency agreement with the City Building Department
designating the property owner or an agent to be responsible for all
of the responsibilities outlined in this chapter, and all other chapters
of this code related to housing code, building codes, property maintenance
and zoning, and to accept service of process by first class mail on
behalf of the property owner. The property owner and agent shall both
be liable for violations of this chapter, and the City may bring an
enforcement action against either the property owner or agent, or
both. If a property owner fails to file an agency agreement with the
Building Department within 60 days of the effective date of this subsection,
then the City Clerk shall be deemed to be the owner's agent for the
limited purpose of accepting service of process on behalf of the owner.
All agency agreements shall be in the form specified by the City Building
Department and shall contain, at a minimum, the following information:
[Amended 2-2-2022 by Ord. No. 2022-01]
(1)
The identity of the owner and the agent;
(2)
The owner's and agent's addresses and current phone
numbers;
(3)
The property or properties the agent is accepting
responsibility for;
(4)
The beginning and ending date of the agreement; and
(5)
The signatures of both the property owner and agent,
along with each party's date of birth. The agent must be a resident
of, or maintain a principal place of business in, Tompkins County.
Post office boxes will not be accepted as addresses for agents. The
owner shall be responsible for informing the Building Department,
in writing, of changes to the owner's and agent's addresses and telephone
numbers that occur after the owner files the agency agreement with
the Building Department. The property owner may not designate a residential
tenant as the agent pursuant to this section, except where such designation
is contained in an employment agreement between the property owner
and the tenant. The employment agreement shall not be contained in
the lease agreement between the property owner and the tenant, and
the tenant's acceptance of designation as the agent shall not be a
condition of the lease agreement.
D.
The name of the owner of the premises and the name
and telephone number of any person or firm designated by the owner
as being responsible for the care and maintenance of housing used
for rental purposes and, in the case of an out-of-Tompkins County
owner, the name of such owner's local agent shall be placed in a prominent
location inside or outside the structure. Such information shall be
placed on a card no smaller than three inches by five inches. The
information card shall be protected from the weather, and the information
placed on it shall be legible at all times. In addition to the name
or names required above, the address and telephone number to be used
to obtain information or report problems with the premises shall be
placed on the information card.
Lodging house operators and landlords 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 the lodging house premises.
C.
Maintenance and operation of all required service
facilities.
D.
The maintenance of all plumbing, cooking and refrigeration
fixtures and appliances within their 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, except when found in one dwelling unit only.
I.
Providing, hanging and removing required screens.
[Amended 8-5-1992 by L.L. No. 3-1992]
Occupants of all 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
they occupy or control to the maximum permitted by the housing standards.
B.
Maintenance of that part of the premises which they
occupy or control 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 they occupy or control
in a clean and sanitary condition and providing reasonable care in
the operation and use thereof. The occupant shall not allow anything
but liquid to go down sink, bathtub or shower drains and shall not
allow anything to go into toilet bowls or tanks which will clog the
drain or hinder normal operation.
D.
Keeping exits from their dwelling unit and fire escapes
and stairs 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
their dwelling unit if their unit is the only one infested in the
premises.
G.
Hanging any required screens which they have removed.
[Amended 8-5-1992 by L.L. No. 3-1992]
H.
Keeping their domestic animals and pets in an appropriate manner and under control. (See Chapter 164, Dogs and Other Animals, of the City of Ithaca Municipal Code.)
I.
If a rental dwelling unit, not permitting any person
on the premises to willfully or wantonly destroy, deface, damage,
impair or remove any part of the structure or dwelling unit or the
facilities, equipment or appurtenances thereto nor do any such thing.
J.
If a rental dwelling unit, not removing or damaging
safety equipment.
K.
If a rental unit, not permitting grease or other flammable
material to accumulate in or on ranges and drains nor permitting any
other condition to exist which is conducive to fire. Occupants shall
be prohibited from accumulating or storing on residential premises,
except in approved locations, any highly flammable or explosive matter,
such as paints, volatile oils, cleaning fluids and similar materials,
or any combustible refuse liable to spontaneous combustion, such as
wastepaper, boxes, rags or similar materials.
L.
If a rental unit, not using or permitting anyone to
use fireplaces without the permission of the landlord.
A.
No owner, occupant, mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee, agent or any
other person, firm or corporation directly or indirectly in control
of a building or part thereof shall threaten to or take reprisal against
any tenant (who has not committed a breach of the lease or contract
of rental) for reporting or complaining, in good faith, of the existence
or belief of the existence of any violation of the provisions of this
Housing Code or other applicable laws, statutes, ordinances or regulations
or for, in good faith, availing himself/herself of any legal remedy
shall have committed an offense. "Reprisal" shall be defined herein
as:
B.
Receipt of a notice to quit the dwelling or a substantial
rent increase without adequate cause within 90 days after the above-defined
tenant has made a report or complaint or availed himself/herself of
remedies against the owner provided by law shall create a rebuttable
presumption that such notice to said tenant is a reprisal against
the tenant for making such report or complaint or for having availed
himself/herself of such remedies against the owner as provided by
law.
C.
(1)
The tenant is in arrears with respect to rent.
(2)
The tenant, the tenant's family or guest are committing
waste or a nuisance or are using the dwelling unit for an illegal
purpose or for other than living or dwelling purposes in violation
of the tenant's rental agreement.
(3)
The landlord seeks in good faith to recover possession
of the dwelling unit for immediate use as his/her own abode.
(4)
The landlord seeks in good faith to recover possession
of the dwelling unit for the purpose of substantially altering, remodeling
or demolishing the premises.
(5)
The landlord seeks in good faith to recover possession
of the dwelling unit for the purpose of immediately terminating, for
at least six months, use of the dwelling unit as a dwelling unit.
(6)
The complaint or request of Subsection A relates only to a condition or conditions caused by lack of ordinary care by the tenant or another person in said household or on the property with the tenant's consent.
(7)
The dwelling unit and other property and facilities
used by or affecting the use and enjoyment of the tenant were, on
the date of filing of such complaint or request, in substantial compliance
with all codes, statutes and ordinances.
D.
The defense of retaliatory eviction or reprisal may
be raised by the tenant in any eviction action, summary proceeding
or other action or proceeding relating to the right of the tenant
to remain in possession of the premises.
No owner, operator, landlord or occupant shall
cause any service, facility, equipment or utility which is required
to be supplied by the provisions of this code to be removed or shut
off from or discontinued for any occupied dwelling unit, except for
necessary repairs, alterations or emergencies.
