Rochester, N.Y., Code of Ordinances ch. 90 § 90-56
Remedy for violations (Rochester NY Property Code)
Operative Text
Following a visual assessment which results in the citation of a deteriorated paint violation, the violation may be removed only by one of the following methods: A. Certification by a lead-based paint inspector or risk assessor that the property has been determined through a lead-based paint inspection conducted in accordance with the federal regulations at 40 CFR 745.227(b) not to contain lead-based paint. B. Certification by a lead-based paint inspector or risk assessor that all cited violations of § 90-54 , Violations, have been abated, or interim controls implemented, and clearance has been achieved in accordance with standards found in § 90-57 ; provided, however, that the property has been inspected pursuant to those standards since the deteriorated paint or dust-lead hazard violation was last cited, including a full visual assessment. C. Where exterior deteriorated paint violations, excluding deteriorated paint violations on an open porch, and/or bare soil violations are cited, or where interior deteriorated paint violations are cited in a common area, as per the definition of a "dwelling unit," clearance may be established through a visual assessment by a City inspector after reduction measures have been implemented. D. Where deteriorated paint violations on an open porch are cited, clearance may be established by means of a clearance examination and report in accordance with § 90-57 after reduction measures have been implemented.
Rochester City Code § 90-56 establishes the specific methods by which a deteriorated paint violation—cited after a visual assessment—can be officially cleared from a property's record. Depending on the location and type of violation (interior, exterior, common area, open porch, or bare soil), clearance requires either a certified lead-based paint inspection showing no lead is present, professional certification that violations have been abated or controlled with clearance achieved, a visual assessment by a City inspector after reduction measures, or a formal clearance examination and report. No single method applies universally; the appropriate path depends on where and what type of deteriorated paint or dust-lead hazard was cited.
Plain English — not legal advice.
Property owners and managers operating under Rochester City Code § 90-56 generally ensure that the correct clearance method is matched to the specific type and location of each cited violation before assuming a violation has been resolved. For interior common-area and most exterior violations, compliant operators typically complete reduction measures and then arrange for a City inspector's visual assessment; for open porch violations, a formal clearance examination and report is required. Keeping documentation of certifications, inspection reports, and clearance examinations on file helps demonstrate that each cited violation was resolved through an approved method.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rochester City Code § 90-56 gives tenants a basis to verify that a deteriorated paint or dust-lead hazard violation has been properly cleared—not simply painted over—before a landlord claims the issue is resolved. Tenants can request documentation showing which clearance method was used and whether a certified inspector or City inspector confirmed compliance, since the ordinance requires specific steps depending on the violation's location. Tenant-rights organizations in Rochester or the City's code enforcement office can be resources for understanding whether the correct clearance process was followed in a given building.
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.
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