It shall be unlawful for any owner to permit
the occupancy of any rental unit subject to this chapter, unless such
unit has a current and valid rental certificate or temporary rental
certificate.
A.
A rental certificate shall be conspicuously posted
inside each rental unit at all times. It shall be unlawful for any
owner, tenant or occupant to remove or fail to post the current rental
certificate.
B.
The Department of Public Works' trash/refuse policies
and procedures shall be conspicuously posted in all rental buildings
and units by the owner together with a current trash collection schedule.
A.
Rental certificate.
(1)
This chapter shall apply to all buildings in the City
of Schenectady which contain two or more rental units, except Schenectady
Municipal Housing Authority public housing projects developed, acquired,
or assisted by the United States Department of Housing and Urban Development
under the United States Housing Act of 1937, as amended, other than
under Section 8 of the Act.
[Added 4-8-2013 by Ord. No. 2013-14; amended 6-23-2014 by Ord. No. 2014-16]
(2)
Whenever a vacancy shall exist in a rental unit and a leasing is
about to occur, or whenever there is a change in occupancy, the owner
shall submit a written application for a rental certificate. This
application shall indicate the name and address of the owner, the
location of the property and the identity of the rental unit by number
or other suitable means, as well as the names of all people who shall
occupy the rental unit. For housing units rented as part of the program
created in Section 8 of the United States Housing Act of 1937, a rental
certificate shall be required for each change in tenancy after July
1, 2014. The application shall also include proof of a bond in the
sum of $25,000, filed with the Finance Department. This bond is to
indemnify and save harmless the City against all forms of damage and
losses which may result from a fire or other catastrophic loss at
the building which would cause the City to have to demolish or maintain
the building. The bond requirement will be waived if the owner produces
proof of at least $25,000 in fire insurance and names the City of
Schenectady as a certificate holder on that policy.
[Amended 4-8-2013 by Ord. No. 2013-14; 6-23-2014 by Ord. No. 2014-16]
(a)
If a request is made pursuant to the New York State Freedom
of Information Act for information contained in the application for
a rental certificate by someone who is not the current tenant of that
unit, or the current owner of the unit, then all information which
may be used to personally identify any occupant of the rental unit
must be redacted before any documents are supplied to the requesting
party. It is the intent of the City that any information which may
be used to personally identify any occupant of the rental unit shall
fall under Public Officers Law, Article 6, § 87(2)(b).
(3)
Within five working days of receipt of an application,
the Building Inspector shall inspect the rental unit to determine
if the rental unit is in compliance with the following standards,
which are part of a local housing program:
[Amended 6-23-2014 by Ord. No. 2014-16]
(a)
Light and ventilation.
[1]
Habitable space shall be provided with artificial
light.
[2]
Habitable space shall be provided with natural
ventilation through openable parts of windows or skylights or other
openings in exterior walls which face open space.
[3]
Stairs and common areas shall be provided with
artificial light to allow safe passage.
[4]
Nonhabitable space shall be provided with working
fixtures for artificial light.
(c)
Exits. All exits from rental units shall provide
safe, continuous and unobstructed means of exit from the interior
of the building to the exterior at grade level. In addition to the
primary exit of each rental unit, there shall be provided at least
one additional exit.
(d)
Structural requirements. Buildings and parts
thereof shall be maintained so as to be capable of sustaining safely
their own weight and the loads to which they may be subject.
(e)
Exterior protection. Exterior doors, windows,
skylights and similar openings shall be maintained weathertight. Roofing
shall be maintained in watertight condition so as to prevent leakage
into the building.
(f)
Interior protection. Ceilings, walls, floors
and stairways shall be maintained in a sound condition so that parts
which become loose do not constitute a hazard to occupants. Ceilings,
walls and floors shall be substantially free of cracks and holes so
that the substructure is not exposed and so that drafts are prevented.
(g)
Plumbing. Potable water from an approved source
shall be available at all times. Hot water shall be supplied at a
minimum temperature of 130º F. The hot-water supply system shall
have a safety device to relieve hazardous pressures and temperatures.
Sewage and wastewater drainage systems shall be maintained so as to
function properly, without breaks, obstructions or leaks.
(h)
Heating equipment.
[1]
Rental units must have equipment capable of
supplying heat of not less than 68° F. between the first day of
October and the 31st day of May.
[2]
Fireplaces and wood stoves used for burning
fuel shall be connected to approved chimneys, and shall be installed
so that adjacent combustible materials and structural parts are free
from fire hazard, and shall be maintained so as to be structurally
sound and to prevent the leakage of gases into the structure.
(i)
Electrical.
[1]
Electrical wiring and equipment shall be installed
and maintained so as not to be a source of electrical hazard.
[2]
Electrical wiring shall not be exposed, and
wiring and equipment shall be firmly secured by suitable means.
[3]
Electrical wiring and equipment shall be protected
by properly rated overcurrent devices.
(j)
Cooking and refrigeration equipment. Utility
hookups for cooking and refrigerating equipment shall be available
in each unit, and, if provided, such equipment shall be maintained
in proper working condition.
(l)
Maintenance requirements. Floors, walls, ceilings,
furnishings and fixtures of rental units shall be maintained in a
clean and sanitary condition and shall be free of insect, rodent and
vermin harborage and infestation.
(m)
Registration of rental unit. The rental unit
must be a unit of record listed with the City's Building Inspection
and Assessor's offices prior to the time of inspection.
(n)
Exterior property areas. Yards, courts and lots
shall be kept clean and free of garbage, refuse and all other conditions
which may threaten the health and safety of the occupant.
(o)
Prohibited storage. The accumulation or storage
of garbage and refuse in halls, stairways and residential units shall
be prohibited. The accumulation or storage of such volatile and combustible
materials as paints, paint thinners, liquid fuels and other like materials
in halls, stairways and residential units shall be prohibited.
(p)
In addition to the requirements set forth in this subsection,
the City shall offer to conduct the rental inspection in a manner
that meets or exceeds the housing quality standards set forth in 42
U.S.C. § 1437f, or any successor standard or requirement.
(4)
If the residential unit is in compliance with this
chapter, then the Building Inspector shall issue a rental certificate
at the time of inspection.
(5)
If violations are found to exist, the Building Inspector
shall deny the application and notify the owners of such denial with
a notice of denial.
(a)
A notice of denial is a written notice which
specifies the alleged violations and which advises the owner of his/her
right to a hearing before the Building Inspector.
(b)
Notice shall be served either personally or
by registered mail to the owner at the address given on the rental
certificate application.
B.
Temporary rental certificate.
(1)
An owner may apply for a temporary rental certificate
whenever the Building Inspector is unable to inspect the unit within
five working days of receipt of an application for a rental certificate.
The application for a temporary rental certificate must be accompanied
by a sworn affidavit of the owner that the rental unit substantially
complies with the standards set forth in this section.
(2)
A temporary certificate of rental is valid for 60
days or until the unit is inspected by the Building Inspector, whichever
is less.
C.
Buildings with 10 or more rental units.
[Added 4-8-2013 by Ord. No. 2013-14]
(1)
The owner of a building with 10 or more rental units may choose to
apply for a rental certificate which shall be valid for 12 months
from the date of issuance. Said application shall be on forms created
by the office of the Building Inspector and shall request whatever
information is deemed necessary. Upon submission of said application,
the applicant shall also provide proof that a bond in the sum of $75,000
has been filed with the Finance Department. This bond is conditioned
to indemnify and save harmless the City against all forms of damage
and losses which may result from a fire or other catastrophic loss
at the building which could cause the City to demolish or maintain
the building. The bond requirement will be waived if the owner produces
proof of at least $75,000 in fire insurance and names the City of
Schenectady as a certificate holder on said policy. Said policy of
insurance shall remain in full force and effect for the full period
specified in the rental certificate.
(2)
Within five working days of receipt of an application, the Building Inspector shall inspect the building to determine if it is in compliance with the standards outlined in § 210-8A. The scope of this inspection shall include all common areas of the building, as well as nonhabitable space which the Building Inspector determines should be inspected for safety purposes. For every 10 rental units which exist in the building, the Building Inspector shall inspect one rental unit, to determine if it is in compliance with the standards outlined in § 210-8A. If that unit does not meet the standards outlined in § 210-8A, the Building Inspector may require the inspection of such additional rental units as, in his opinion, are necessary to confirm the safety and habitability of the building.
(3)
Once the Building Inspector determines that the owner of a building has complied with the requirements set forth in § 210-8C(2), and paid the applicable fee, each rental unit in the building shall have a valid rental certificate which shall last for 12 months. A copy of this rental certificate shall be displayed in a conspicuous place in the vicinity of the main entranceway of the building.
A.
During regular business hours or in an emergency,
the Building Inspector or his representative or any duly authorized
City representative, upon the showing of proper credentials and in
the discharge of his duties, may enter any building or rental unit
within a building.
B.
At the request of the Building Inspector, the Corporation
Counsel is authorized to make application to the City Court of the
City of Schenectady or any other court of competent jurisdiction for
the issuance of a search warrant to be executed by a police officer
in order to conduct an inspection of any premises believed to be subject
to this chapter. The Building Inspector may seek a search warrant
whenever the owner, managing agent or occupant fails to allow inspections
of any dwelling unit contained in the rental property where there
is a reasonable cause to believe that there is a violation of this
chapter, or a violation of the New York Uniformed Fire Prevention
Building Code Act or of any code of the City of Schenectady or any
applicable fire code.
The rental certificate shall be valid until such time that there is a change in occupancy, unless the Building Inspector revokes such permit pursuant to § 210-11 of this chapter.
A.
The Building inspector may revoke a rental certificate
after notice to the owner and an opportunity for the owner to be heard
upon a finding that the requirements of this chapter or any conditions
of said rental certificate have been violated or that the premises
are not being maintained in accordance with the requirements of this
chapter or any applicable law, rule or regulation.
B.
Whenever the Building Inspector revokes the rental
certificate, he shall serve the owner with a written notice of revocation
which shall include a statement of the grounds for revocation and
a statement of particulars specifying in what respect the rental unit
or building in which it is located is in violation.
Within 10 days of transfer of legal or equitable
title, the owner of the building must submit a written application
for a rental certificate.
A rental certificate shall state the identity
of the owner; the address of the premises and owners; the identity
of the unit by number or other suitable means; the identity of the
existing or proposed tenants; the date of inspection; the finding
of the inspector concerning the habitability of the premises, and
signature of the inspector.
[Amended 4-8-2013 by Ord. No. 2013-14]
A.
For rental units which are subject to the terms of § 210-8A, the fees for the inspection and the issuance of a rental certificate for each rental unit are as follows:
B.
The fee is $100 for the issuance of a rental certificate whenever
an owner fails to submit an application for a rental certificate,
as required by this chapter, prior to renting a unit.
Nothing in this chapter shall prevent any member
of the public, prospective tenant or any resident of the City of Schenectady
from determining whether any particular rental property has been registered,
inspected and certified as habitable pursuant to this chapter. The
general public shall have full access to said landlord registration
statements and rental certificates upon filing of the proper Freedom
of Information Act application.
