Amherst, N.Y., Code of Ordinances ch. 44 (eCode360 ed. 2026) § 44-6
Effect of denial or revocation
Operative Text
A. Vacant units. When either a short term rental dwelling unit registration certificate or rental unit registration certificate has been denied or revoked, no further rental and occupancy of dwelling units then vacant shall be permitted until a rental dwelling unit registration certificate has been issued. B. Occupied units. In addition to other penalties under this Chapter, when a short term rental dwelling certificate or rental dwelling unit registration certificate has been denied or revoked, the dwelling units containing such violations shall be vacated after the Commissioner provides notice to the owner and the occupants of the dwelling units containing said violations. Such notice shall direct the owner and occupants of the dwelling units containing such violations to vacate within a period of time as determined by the Commissioner and may provide a reasonable period for the owner or occupants an opportunity to correct such violations. For the owner, such notice shall be mailed by first class mail to the owner at the address provided by the owner pursuant to § 44-4 of this Chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. For the occupants, such notice shall be mailed to the occupant at the dwelling unit or posted conspicuously at the occupant's dwelling unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued. C. Occupied units: immediate hazard. In addition to other penalties under this Chapter, when a short term rental unit certificate or rental dwelling unit registration certificate has been denied or revoked for reasons which, in the determination of the Commissioner, present violations of the housing code that create an immediate hazard to the health and safety of the occupants, the dwelling units containing such violations shall be vacated within the period of time determined by the Commissioner. The Commissioner's determination shall be in writing and shall direct the owner and occupants of the dwelling units containing such violations to vacate the premises within a period of time not to exceed thirty (30) days, as determined by the Commissioner. The Commissioner's determination shall be mailed by first-class mail to the owner at the address provided by the owner pursuant to § 44-4 of this Chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. The Commissioner's determination shall also be posted at the subject building and, to the extent possible, it shall also be posted conspicuously at each dwelling unit. Vacated dwelling units shall not be reoccupied until a rental dwelling unit registration certificate has been issued. D. The notices provided under this section shall not be used to institute, or deemed to establish sufficient grounds for, a summary eviction proceeding under the Real Property Actions and Proceedings Law . E. Failure to comply with the inspection requirement shall result in denial or in the immediate revocation of the rental dwelling unit certificate. F. The terms and conditions of this section shall apply to holders of short term rental dwelling unit certificates.
Under Amherst, N.Y., Code of Ordinances ch. 44 § 44-6, when a rental or short-term rental registration certificate is denied or revoked, vacant units may not be rented or occupied until a valid certificate is obtained. For occupied units, the Commissioner must notify both the owner and occupants and may allow a reasonable period to correct violations before requiring the premises to be vacated. If the Commissioner determines that violations create an immediate hazard to health and safety, occupants must vacate within a period not exceeding thirty days, and no unit — whether vacant or vacated — may be reoccupied until a new certificate is issued. Importantly, these notices do not themselves constitute or support a summary eviction proceeding under New York's Real Property Actions and Proceedings Law.
Plain English — not legal advice.
Under § 44-6, operators of rental and short-term rental properties in Amherst should maintain continuous compliance with registration requirements, because a denial or revocation triggers immediate restrictions on renting vacant units and can require occupied units to be vacated. Compliant operators keep their registration address current as required by § 44-4, respond promptly to any Commissioner notices, and use any correction period offered to resolve cited violations before a vacate order takes effect. Failure to comply with inspection requirements under this section can itself result in immediate revocation of the registration certificate, making timely cooperation with inspections a core operational practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 44-6 of Amherst's Code of Ordinances provides that if your unit's registration certificate has been denied or revoked, you are entitled to receive written notice — either mailed to your unit or posted conspicuously there — before you can be required to vacate, and the Commissioner may allow a reasonable period for violations to be corrected. In cases involving an immediate health or safety hazard, the vacate period cannot exceed thirty days, and the determination must be in writing. Critically, the provision explicitly states that these notices cannot be used to start or support a summary eviction proceeding under the Real Property Actions and Proceedings Law, so tenants who receive such a notice may wish to consult a tenant-rights organization or legal aid provider to understand how this distinction affects their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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