Rochester, N.Y., Code of Ordinances ch. 90 § 90-54
Violations (Rochester NY Property Code)
Operative Text
A. Deteriorated paint violation. The interior and exterior of any residential building on which the original construction was completed prior to January 1, 1980, and the exterior of any nonresidential structure on which the original construction was completed prior to January 1, 1980, shall be maintained in a condition such that the paint thereon does not become deteriorated paint, unless the deteriorated paint surfaces total no more than: (1) Twenty square feet on exterior surfaces; (2) Two square feet in any one interior room or space; or (3) Ten percent of the total surface area on an interior or exterior type of component with a small surface area. Examples include windowsills, baseboards, and trim. For the purpose of determining whether or not a deteriorated paint violation is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior-facing portions of the window component, with the exception of the exterior frame or trim, are considered to be interior. B. Bare soil violation. Bare soil shall not be present within the dripline of any residential building on which the original construction was completed prior to January 1, 1980. C. Dust-lead hazard violation. A dust-lead hazard shall be identified and cited in accordance with the procedures set forth in § 90-55 , Inspection for violations. D. Dust sample violation. A dust sample violation shall be cited upon a failure by an owner of a property to timely cause dust samples to be taken and certified test results to be submitted to the Department in accordance with the procedures set forth in §§ 90-55 and 90-57 of this article. E. Lead Rental Registry violation. For properties built before 1980, with two or more residential units, and located in side the "lph-r" Lead Paint High-Risk Area, a Lead Rental Registry violation shall be cited upon failure of an owner to have a valid certificate of occupancy as of October 1, 2026, or failure to have a valid certificate of occupancy as of October 1 every three years thereafter.
Rochester City Code § 90-54 establishes five categories of lead-paint-related violations applicable to pre-1980 residential and nonresidential buildings. These include deteriorated paint (beyond defined threshold areas), bare soil within a building's dripline, dust-lead hazards, failure to submit required dust samples, and failure to maintain a valid Lead Rental Registry certificate of occupancy for qualifying multi-unit properties in designated high-risk areas. Each violation type has its own triggering conditions and, where applicable, ties to inspection and sampling procedures described in related sections of the ordinance.
Plain English — not legal advice.
Operators of pre-1980 residential properties in Rochester should be familiar with all five violation categories under § 90-54, as compliance obligations differ by violation type. Compliant operators generally keep paint surfaces from deteriorating beyond the ordinance's defined thresholds, prevent bare soil within the dripline, arrange timely dust sampling and submission of certified results to the Department, and—for properties with two or more units inside the 'lph-r' Lead Paint High-Risk Area—maintain a valid certificate of occupancy on the renewal schedule set by the ordinance. Staying current with the related procedures in §§ 90-55 and 90-57 is part of routine compliance for covered properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in pre-1980 Rochester rental housing have an interest in knowing that § 90-54 sets specific, enforceable standards for paint condition, soil exposure, dust-lead levels, and registry compliance that owners are required to meet. If conditions such as peeling paint, bare soil near the building, or missing registry documentation appear to be present, tenants can document what they observe and consider reaching out to the City of Rochester's relevant code enforcement office or a local tenant-rights organization to understand available complaint processes. Raising a § 90-54 violation in the context of a housing proceeding may also be an available path, and consulting a tenant advocate can help clarify which options apply to a given 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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation