City of Albany, NY
Albany County
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Table of Contents
Table of Contents
This Part 4 shall be known as the "Residential Occupancy Permit Provisions" and is supplementary to applicable provisions of the Housing Code of Albany, New York.
The purpose and scope is to provide uniform administration and compliance with the requirements of this Part 4 applicable to residential occupancy permits and to establish the responsibilities of parties concerned therewith.
[Amended 8-19-1996 by Ord. No. 23.102.95]
A. 
General.
(1) 
All residential rental dwelling units shall be inspected and certified by the Department of Buildings and Regulatory Compliance (hereinafter "the Department"), which shall determine compliance with, administer and enforce all applicable provisions of this code and the Code. On and after November 1, 1996, residential occupancy permits shall be valid for 30 months from the date of issuance.
[Amended 4-16-2001 by Ord. No. 4.11.01; 3-4-2013 by Ord. No. 36.52.11]
(2) 
Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to November 1, 1996, except that such permit or certificate shall be valid only until May 31, 1999, or a change in the tenancy of the residential rental dwelling unit to which the permit or certificate relates, whichever first occurs.
(3) 
Except as otherwise provided herein, it shall be unlawful and a violation of this chapter to rent, lease or otherwise allow the occupancy of any residential rental dwelling unit without the inspection and certification as required herein.
(4) 
If, upon inspection, said premises do not comply with all applicable provisions of this code or the Uniform Code, the specific reasons for noncompliance shall be specified in writing in a notice and order, as provided in § 231-108. The notice and order shall be served as set forth in Chapter 133A of this Code. Occupants or proposed occupants of dwellings shall have the right to inspect the certificate of occupancy of the residential rental dwelling unit, apartment or multiple residence in which they have an interest at no cost.
(5) 
When inspecting a dwelling unit within a multiresidential complex, as defined in § 313-12 of this Code, the Department shall inspect and certify compliance with the provisions of § 313-14 of this Code requiring the establishment of solid waste private collection and source separation facilities in such complexes. No residential occupancy permit for a dwelling unit under this Part 4 shall be issued unless the multiresidential complex is in compliance with § 313-14 of this Code.
[Added 5-21-2018 by Ord. No. 25.42.18]
B. 
On or after November 1, 1996, the Department shall have the right to inspect all or any part of the rental dwelling, including any unit or apartment, or entire multiple residence as required herein and/or upon complaint, except that the owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Chief of the Department, or his or her designee, in order to enable such inspection. The officials charged with conducting the inspection pursuant to this Part 4 shall be required to obtain a search warrant whenever an owner, agent or person in charge refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant.
C. 
The officials charged with conducting the inspection shall make such inspection, access and circumstances permitting, within three business days of receipt of a request from the owner, agent or occupant.
D. 
An owner, agent or occupant may file with the Department a request for such inspection and the issuance of a residential occupancy permit by regular mail or in person at the office of the Chief of the Department.
E. 
Nothing in this Part 4 shall be construed to limit the right of the Department to inspect any property at any time. If, after issuing a residential occupancy permit, the Department receives a complaint alleging a violation of this chapter, other than a violation that creates an imminent hazard to the public health or to the physical or mental health of the occupants of the rental property, the Department shall make a good faith effort to notify the owner or agent of the complaint by either telephone or regular mail, before conducting an inspection under this chapter, and shall provide to the owner or agent one working day to explain what steps the owner or agent is taking to correct the violation. The Department may take steps necessary, by inspection or other means, to assure that the violation is corrected.
[Amended 4-16-2001 by Ord. No. 4.11.01]
F. 
No residential occupancy permit shall be issued under this Part 4 unless and until the fee(s) required under Part 5 of this chapter is paid in full to the Department.
G. 
No residential occupancy permit shall be issued under this Part 4 unless the rental dwelling unit is an authorized use pursuant to Chapter 375, Zoning, and until all other applicable provisions and requirements of the Code of the City of Albany are complied with and met.
[Added 8-2-1999 by Ord. No. 13.62.99]
[Amended 8-19-1996 by Ord. No. 23.102.95; 4-16-2001 by Ord. No. 4.11.01]
No owner, agent or person in charge shall collect rents during any period of noncompliance with the provisions of this part which would otherwise be due and owing for the rental of premises unless and until he or she shall have complied with the provisions herein. Nothing herein shall be construed to prevent a landlord, upon receipt of the residential occupancy permit, from receiving the equitable value of the occupancy of the premises from the earliest date of occupancy, but in no event shall a landlord recover in excess of the agreed rent.
[Amended 8-19-1996 by Ord. No. 23.102.95]
The provisions of this Part 4 shall not apply to dwellings designed and used exclusively for occupancy as hotels, motels, transient homes or establishments of like nature.
[Amended 8-19-1996 by Ord. No. 23.102.95]
The Department may cause to be issued at its discretion a temporary occupancy permit following an initial inspection, which temporary occupancy permit shall be subject to review and revocable at the discretion of the Department. No temporary occupancy permit may be issued in cases where firesafety is involved, such as defective electrical wiring, the absence of either an operating smoke detector or, after October 1, 1996, a carbon monoxide detector where required, or improper or inadequate means of egress and other conditions of like nature.
[Amended 11-7-1983; 8-19-1996 by Ord. No. 23.102.95; 4-16-2001 by Ord. No. 4.11.01]
Any person who shall knowingly and willfully violate or assist in the violation of this Part 4 or who fails to comply with a notice and order issued by the Department under this Part 4 shall, upon conviction, be punished as set forth in Chapter 133A of this Code.
[Amended 8-19-1996 by Ord. No. 23.102.95]
A. 
The following schedule of fees shall apply with respect to the inspection and certification of residential dwelling units:
(1) 
There shall no charge for an initial inspection to determine compliance with the applicable provisions of this code or for a first reinspection.
(2) 
Any and all subsequent reinspection(s) necessary to determine compliance with required corrective action or repairs shall be subject to a charge of $50 per unit inspected.
[Amended 5-19-2008 by Ord. No. 25.42.08; 3-4-2013 by Ord. No. 36.52.11]
(3) 
Failure to appear within 15 minutes of a scheduled inspection ("no show") shall result in a fee of $50 per unit.
[Amended 5-19-2008 by Ord. No. 25.42.08; 3-4-2013 by Ord. No. 36.52.11]
(4) 
Cancellation of a scheduled inspection less than 24 hours before that scheduled inspection ("late cancellation") shall result in a fee of $50 per unit.
[Amended 5-19-2008 by Ord. No. 25.42.08; 3-4-2013 by Ord. No. 36.52.11]
(5) 
Cancellation of a scheduled inspection for the unit more than once or after a "no show" ("second cancellation") shall result in a fee of $50 per unit.
[Amended 5-19-2008 by Ord. No. 25.42.08; 3-4-2013 by Ord. No. 36.52.11]
B. 
Fees prescribed under this section for failure to appear at, and cancellation of, a scheduled inspection may be waived at the discretion of the Commissioner or his or her designee for good cause shown.
[Amended 3-4-2013 by Ord. No. 36.52.11]
C. 
Unpaid fees shall be subject to the placement and recording of a lien by the City of Albany against the inspected property.