Rochester, N.Y., Code of Ordinances ch. 90 § 90-18
Responsibilities of owners (Rochester NY Property Code)
Operative Text
A. Owners of premises shall be responsible for compliance with the provisions of this chapter and shall remain responsible therefor except as otherwise provided in Subsection D hereof, regardless of the fact that this chapter may also place certain responsibilities on occupants and regardless of any agreements between owners or occupants as to which party shall assume such responsibility. B. Owners and operators of multiple dwellings shall be responsible for proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot-water supply where they have contracted to do so. C. Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the City as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner of said property within the true intent and meaning of this chapter and shall be bound to comply with the provisions of this chapter to the same extent as the recorded owner; and notice to any such person or any order or decision of the Commissioner shall be deemed and taken to be good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. D. The hearing examiner may grant an owner an adjournment in contemplation of dismissal, for a period not to exceed four months, on any violation which the owner proves clear and convincing evidence was caused by the lessees or occupants of a specific unit. The violation shall be dismissed if, prior to the expiration of the period of adjournment, the owner provides proof that the violation has been corrected. Notwithstanding such an adjournment, the premises, if vacated by the current lessees or occupants, shall not be reoccupied until all immediate hazard category violations relating to the unit have been corrected. If, at the expiration of the period of adjournment, the violation has not been corrected, the proceeding shall not be dismissed, and the hearing examiner shall promptly determine the charge.
Rochester, N.Y., Code of Ordinances ch. 90 § 90-18 establishes that property owners bear primary responsibility for complying with Chapter 90's housing standards, regardless of any private agreements that might shift that duty to tenants. Owners and operators of multi-family buildings must properly install, maintain, and operate service facilities and supply adequate heat and hot water where they have agreed to do so. The code also treats anyone who exercises control over a property—such as an executor, trustee, or managing agent—as an owner for compliance purposes. A limited exception allows a hearing examiner to grant a short adjournment (up to four months) when an owner demonstrates by clear and convincing evidence that a violation was caused by the occupants themselves, with dismissal available only if the violation is corrected within that window.
Plain English — not legal advice.
Under Rochester, N.Y., Code of Ordinances ch. 90 § 90-18, compliant property owners and operators maintain service facilities, heat systems, and hot-water supplies in proper working order and do not rely on lease clauses to shift their code-compliance obligations to tenants. Managers, agents, and other parties in control of a property are treated as owners under this section and are equally bound by its requirements. When a violation arises that was caused by an occupant, an owner may seek an adjournment in contemplation of dismissal before the hearing examiner, but must present clear and convincing evidence of the occupant's responsibility and correct the violation within the adjournment period—typically no more than four months—to obtain a dismissal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rochester, N.Y., Code of Ordinances ch. 90 § 90-18 makes clear that tenants benefit from a baseline protection: an owner's duty to maintain the property and its service facilities cannot be contractually transferred to occupants, so a lease clause purporting to make tenants responsible for code compliance does not relieve the owner of that obligation. If a landlord claims a violation was caused by occupants and seeks an adjournment under Subsection D, the provision still requires that any immediate hazard category violations be corrected before a vacated unit can be reoccupied. Tenants who believe their building's service facilities, heat, or hot water are not being properly maintained may consider filing a complaint with the City of Rochester's code enforcement office or reaching out to a local tenant-rights organization to understand available remedies under this chapter.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation