Binghamton, N.Y., Code of Ordinances ch. 265 § 265-8

In addition to any other responsibilities of occupants referred to in this chapter, the occupants shall be required to comply with these provisions: A. Maintenance of property in sanitary condition. (1) Every occupant of a dwelling or a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit or premises which he or she occupies and controls. (2) None of the responsibilities of occupants specified in this section shall relieve the owner of his or her responsibility to maintain those parts of a rental unit which are part of the permanent or semipermanent construction of the unit or dwelling in whole or in part in a clean, orderly and sanitary condition. (3) The Department of Public Works shall be authorized to enter and clean the property found to be in violation of § 265-9 of this chapter or Chapter 350 , Solid Waste, Article II , Littering, of this Code so as to bring it into compliance with all applicable standards and bill the cited code violator for the reasonable cost of such work. B. Liability for violations. (1) Every occupant of a dwelling unit shall be liable for a code violation as well as for any damage caused by his or her own willful act, omission, assistance, or negligence or that of any member of his or her family, or household guests if such damage results in, or contributes to, a violation of the Code of the City of Binghamton. (2) In addition to any other penalty provided by law, a judge may, at the time of sentencing, make restitution pursuant to Subsection B(1) of this section a condition of the sentence. If such restitution is ordered, except for good cause shown, it shall be paid within 30 days of the date of the sentence. (3) Willful failure to comply with such restitution order shall result in a term of imprisonment not to exceed 15 days, or community service not to exceed 100 hours, or both such imprisonment and community service. (4) Nothing in this section shall be interpreted so as to diminish any other lawful remedy to recover for damages. C. Every occupant of a dwelling unit shall keep all plumbing, cooking, electric, and all other fixtures and facilities required by this chapter in a clean and sanitary fashion and shall also be responsible for the exercise of reasonable care in the proper use and operation. This liability on the part of the occupant shall not relieve the owner by law except in cases where the defect is caused by the willful act, assistance or negligence of the occupant, any member of his or her family or household or guests. D. Every occupant of a dwelling unit shall be responsible to limit the occupancy of that part of the premises which he or she occupies or controls to the maximum permitted by this chapter and other ordinances. The Director of Code Enforcement shall issue a thirty-day notice to correct this situation as a prerequisite to any other enforcement provisions in this chapter. E. Every occupant shall keep exits from his or her dwelling unit clear and unencumbered. F. Reprisal against occupants. (1) No owner, occupant, contractee, mortgagee, designated manager, or any other person, firm or corporation directly or indirectly in control of a building or a part shall threaten to or take reprisal against any occupant who has not committed a breach of the lease of contract of rental, for reporting in good faith of the existence of any violation of the provisions of this chapter or any other applicable laws, statutes, ordinances or regulations, or for, in good faith, availing himself or herself of any legal remedy to secure or enforce rights under his or her lease or agreement, or provided by law. (2) No owner, occupant, contractee, mortgagee, designated manager, or any other person, firm or corporation directly or indirectly in control of a building or a part thereof shall threaten to or take reprisal against any occupant who lives in a dwelling or dwelling unit where the Code Enforcement Bureau has initiated action by giving notice to the owner or persons responsible for the dwelling because the Bureau believes there has been a violation of any provision of this chapter. (3) No owner, occupant, mortgagee, designated manager, or any other person, firm or corporation directly or indirectly in control of a building or a part shall threaten to take reprisal against any occupant who has exercised any of his or her rights as described in this chapter. (4) Receipt of notice to quit the dwelling or an unreasonable rent increase without adequate cause within 120 days after the above occupant or someone in his or her behalf or for his or her benefit (including the Code Enforcement Bureau) has made a report or if the occupant himself has availed himself of remedies against the owner provided by law shall create a rebuttable presumption that the notice to the occupant is a reprisal against the occupant for making a report or complaint or for having availed himself or herself of the remedies against the owner as provided by law. (5) The defense of retaliatory eviction or reprisal may be raised by the occupant in any eviction action, summary proceeding or other action relating to the right of the occupant to remain in possession of the premises. G. Payment for repairs. (1) Any legal occupant of a rental unit acting alone or together with other legal occupants in a rental unit may contract and pay for repairs to his or her rental unit in accordance with the provisions outlined in this section when there is a violation or violations in his or her rental unit declared either to: (a) Constitute an emergency situation by the Director of Code Enforcement or hearing officer pursuant to the provisions outlined in § 265-4 of this chapter; or (b) Be in violation of any applicable code enforced and actually cited by the Code Enforcement Bureau. (2) Any payment made for repairs shall be deductible from rent, provided the following provisions have been substantially complied with by the legal occupant or occupants or his or her or their agent: (a) The owner or his or her agent has been sent notice of the emergency situation or of the appropriate violation. (b) In the case of an emergency situation, the order notice has been delivered by the Code Enforcement Bureau and 24 hours have passed after written notice was delivered to the owner or his or her agent without completion of repairs or commencement of repairs of the violations by the owner. (c) In the case of any other cited violation, the notice has been delivered by the Code Enforcement Bureau and the allowed reasonable time to correct the violations has passed after written notice was delivered to the owner or his or her agent without completion of repairs or commencement of repairs of the violations by the owner. (3) Deduction for cost of repair work and materials. (a) When a legal occupant or group of legal occupants do not hire an outside contractor, they may deduct cost for materials. (b) If a legal occupant or a group of legal occupants hire an outside contractor to perform repairs, said legal occupants may deduct charges for materials and labor, provided that reasonable efforts are made to have the repair work done by qualified workmen at prevailing rates. (c) Legal occupants must receive an itemized bill from the person, firm or corporation from whom labor or materials are purchased. (4) The maximum amount of money an individual legal occupant may deduct for repair work under the provisions of this section shall be $1,000 or the sum of two months' rent, whichever is greater. The maximum amount two or more legal occupants acting together may deduct for repair work from their combined rents under the provisions of this section shall be $3,000 or the sum of three months' rent, whichever is greater. (5) No owner or agent shall be entitled to recover any amounts in damages from any person, firm, corporation or employee who attempts in good faith and acts reasonably in providing services to carry out the intention of this section except damages arising out of gross negligence. (6) The remedy provided in this section shall not be exclusive, and a court may provide other relief as may be just and proper in the circumstances. (7) Any agreement by a legal occupant of a rental unit waiving or modifying his or her rights set forth in this section shall be void and contrary to the provisions of this chapter.