Rensselaer, N.Y., Code of Ordinances ch. 121 § 121-92

A. General. (1) All residential rental dwelling units shall be inspected and certified by the Code Enforcement Officer of the City of Rensselaer Department of Planning and Building (hereinafter "the Department"), which shall determine compliance with, administer and enforce all applicable provisions of this code and the Code. Effective October 1, 2003, all rental dwelling units in the City of Rensselaer must be registered on the Rental Dwelling Registry. On and after December 31, 2003, residential occupancy permits for rental dwellings shall be valid for 24 months from the date of issuance or at the time of a change in occupancy. (2) Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to October 1, 2001, except that such permit or certificate shall be valid only until October 3, 2003, 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 § 121-69 . The notice and order shall be served as set forth in this Chapter 121 . 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. B. 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. C. 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 head of the Department. D. Nothing in this section 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. E. No residential occupancy permit shall be issued under this section unless and until the fee(s) required under Subsection J of this section is paid in full to the Department. F. No residential occupancy permit shall be issued under this section unless the rental dwelling unit is an authorized use pursuant to Chapter 179 , Zoning, and until all other applicable provisions and requirements of the Code of the City of Rensselaer are complied with and met. G. Collection of rents. 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. H. Applicability. The provisions of this section shall not apply to dwellings designed and used exclusively for occupancy as hotels, motels, transient homes or establishments of like nature. I. Temporary residential occupancy permit. 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 where fire safety is involved, such as defective electrical wiring, the absence of either an operating smoke detector or a carbon monoxide detector where required, or improper or inadequate means of egress and other conditions of like nature. J. Fees and exemptions. (1) There shall be a charge of $30 for each certificate of occupancy issued by the Department. (2) Failure to appear within 15 minutes of a scheduled inspection (no show) shall result in a fee of $20 per unit. (3) Cancellation of a scheduled inspection less than 24 hours before the scheduled inspection (late cancellation) shall result in a fee of $20 per unit. (4) Cancellation of a scheduled inspection for the unit more than once or after a no show (second cancellation) shall result in a fee of $20 per unit. (5) Owner-occupied rental dwellings containing not more than one rental unit owned by one or more natural persons, all of whom are aged 65 years or older, are exempt from the filing fees set forth herein. (6) Payment of the applicable fee under this section shall not be due until the Department has conducted an inspection of the subject premises and written notice is delivered to the owner thereof that the Department is prepared to issue a residential occupancy permit as required under this § 121-92 for such premises.