Buffalo, N.Y., Code of Ordinances ch. 264 § 264-2

As used in this chapter, the following terms shall have the meanings indicated: APPLICATION The filing, review, and completion of prerequisite conditions conducted in furtherance of obtaining a rental unit registration or certificate of rental compliance. No distinction shall be drawn between an application for initial issuance and an application for renewal unless otherwise specified by this chapter. An application will be considered current for one year following the date of filing or until the license sought is granted or denied, whichever occurs first. CERTIFICATE The tangible record granted and executed by the City of Buffalo that is representative of a license issued pursuant to this chapter. CERTIFICATE OF RENTAL COMPLIANCE (CRC) A certificate issued to the owner of a rental dwelling unit that is not located in a building having an existing and valid certificate of occupancy pursuant to Chapter 129 and is not a short-term rental license as defined in Chapter 380 . Issuance of a certificate of rental compliance indicates that the dwelling has been inspected by an individual authorized by law or appointment to conduct such inspection and that the dwelling has no outstanding health or safety concerns and is in compliance with all applicable housing codes to the extent required by this chapter. COMMISSIONER OF PERMIT AND INSPECTION SERVICES or COMMISSIONER The Commissioner of Permit and Inspection Services or designee. COMMON AREA A portion of a residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, hallways, stairways, porches, basements, attics, garages, and boundary fences. DEPARTMENT The Department of Permit and Inspection Services, an agency within the executive branch of the City of Buffalo. "Department" shall be construed to include employees of the department acting within the scope of their employment. DETERIORATED PAINT Any interior or exterior paint or other coating that, through a visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, chalking, or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate, or a chewable surface that contains visual signs of chewing. DWELLING UNIT A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile or residence of one or more human beings. Wherever the word "dwelling" or "dwelling unit" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." HOUSING CODE All state and local laws, codes, ordinances, rules, and regulations for the establishment and maintenance of housing standards. This definition also encompasses the term "building code." This definition includes, but is not limited to, the Buffalo City Code and New York State Uniform Fire Prevention and Building Code. LEAD-BASED PAINT HAZARD Any condition that could cause exposure to lead from dust- lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects. LICENSE Permission or authority granted by the City of Buffalo to engage in conduct that would be unlawful in absence thereof. For the purposes of this chapter, licenses are represented by certificates. OWNER The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or agent. PUBLIC ACCOMMODATION Any structure in which the owner or owner's agent rents or leases temporary lodging space that is open to the public and is licensed to perform such services by the City of Buffalo and/or the State of New York. Examples include hotels; motels; bed-and- breakfast establishments; rooming or boarding houses; hospitals; nursing homes; or other dwelling units which offer or provide medical or nursing services if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants. RENOVATION Any modification of an existing structure, or portion thereof, which results in the disturbance of painted surfaces. The term renovation includes, but is not limited to, the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, window replacement, surface preparation activity such as sanding, scraping, or other activities that may generate paint dust), removal of building components, weatherization (e.g. cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planing thresholds to install weather stripping), and interim controls that disturb painted surfaces. SUBSTANTIAL RENOVATION When the cost of such renovation or remodeling made within any six-month period exceeds 50% of the assessed value of the building at the beginning of that six-month period; or whenever more than 50% of any building system, measured in units appropriate to that system, is replaced within any twelve-month period. TENANT Lessee or other occupant regularly residing or sleeping within a dwelling unit, regardless of whether said occupant is party to a lease agreement. VISUAL ASSESMENT A visual examination of the interior of a dwelling unit and exterior of the property where the dwelling unit is located. A visual assessment shall not be considered to be complete if the examining individual is locked out or otherwise prevented from inspecting any room or space within the dwelling unit. The exterior of a property includes the curtilage and any satellite structures existing within the legal boundaries of such property including curtilage.