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City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
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;
B. 
An interior stairway;
C. 
A horizontal exit;
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."
IDENTIFICATION OF BUILDING
It is required that the house number be placed on the building in a conspicuous place.
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.
TEMPORARY RENTAL CERTIFICATE
A document issued for a specified period of time by the Building Inspector.
TENANT
A party whose right to possession of a rental unit is subject to the express or implied consent of the owner.