The purpose of this chapter is to establish
a procedure and standards for the identification and registration
of rental properties, to ensure that the City has a meaningful, efficient
and effective means of communicating with those persons and companies
who own rental properties, to provide for the inspection of certain
residential rental property when there is a change in occupancy, and
to fix the responsibilities on owners to ensure that residential rental
property is maintained in accordance with the standards set forth
in this chapter and the building and property maintenance codes promulgated
by the New York State Department of State. This chapter is adopted
to promote the health and safety of tenants and to alleviate conditions
of substandard housing, including slums and blight.
This chapter shall be enforced by the Building
Inspector.
As used in this chapter, these terms shall have
the meanings indicated as follows:
ACTION or PROCEEDING
Any action or proceeding which may be instituted in the City
Court of the City of Schenectady or the County Court of the County
of Schenectady or the Supreme Court of the County of Schenectady or
any court of competent jurisdiction with an alleged violation of any
ordinance or law of the City of Schenectady.
BUILDING
Any improved real property, residential or mixed use (commercial-residential)
located within the City of Schenectady that is non-owner-occupied.
CHANGE IN OCCUPANCY
Whenever a tenant shall move from, vacate or quit willingly
or otherwise or express the firm intent to vacate or quit a rental
unit.
EXIT
That portion of the way of departure from the interior of
a building or structure to the exterior at street or grade level accessible
to a street consisting of:
A.
Corridors, stairways and lobbies enclosed in
construction having a fire-resistance rating, including the door opening
thereto from a habitable or nonhabitable space;
D.
A door to the exterior at grade; or
E.
An exterior stairway or ramp.
HABITABLE SPACE
Space occupied by one or more persons for living, sleeping,
eating or cooking. Kitchenettes (kitchens) with less than 60 square
feet shall not be deemed "habitable space."
NONHABITABLE SPACE
Those spaces used for access and vertical travel between
stories, and space used for kitchenettes, pantries, baths, toilets,
laundry, rest, dressing, lockers, storage, utility, heaters and boiler
rooms, closets and other spaces for service and maintenance of the
building.
OWNER
Any individual or individuals, partnership or corporation
or any similar type business organization, whether for profit or otherwise,
in whose name title to a building stands, including a 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 the property.
PROCESS
A summons or any notice, mandate or any other paper process
issued under any provision of the Code of the City of Schenectady
or any law or regulation of the State of New York.
RENTAL CERTIFICATE
A document issued by the Building Inspector to a property
owner in accordance with standards and requirements set forth in this
chapter.
RENTAL PROPERTY
Includes all properties which are either rented, leased,
let or hired out to be occupied for residential or mixed use (commercial-residential),
and are non-owner-occupied. For any rental property to be considered
owner-occupied, the owner must prove that all individual owners, all
partners, or all shareholders of a corporation actually have their
principal residence at the rental property and reside therein on a
full-time basis, it being the actual domicile of all individual owners,
all partners, or all shareholders. At the request of the City of Schenectady,
any owner who claims to occupy the rental property shall provide a
sworn affidavit providing the necessary information to support his
or her claim that the premises are owner-occupied.
RENTAL UNIT
A residential unit occupied by a party other than an owner.
RESIDENTIAL UNIT
One or more rooms with provision for sanitary and sleeping
facilities, for food preparation, for living and for working.
TENANT
A party whose right to possession of a rental unit is subject
to the express or implied consent of the owner.