[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:
(1) 
The institution of eviction proceedings or other legal remedy relating to the tenant's right of possession:
(2) 
The imposition of an unreasonable rent increase; or
(3) 
The curtailment of services required to be given to the tenant by law or agreement.
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. 
Notwithstanding Subsections A and B, the landlord may recover possession of the dwelling unit if:
(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.
(8) 
The landlord has in good faith contracted to sell the property and the contract of sale contains a representation by the purchaser corresponding to Subsection C(2), (3) or (4) above.
(9) 
The landlord is seeking to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant previous to the complaint or request of Subsection A.
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.