Schenectady, N.Y., Code of Ordinances ch. 210 § 210-8

A. Rental certificate. (1) This chapter shall apply to all buildings in the City of Schenectady which contain two or more rental units, except Schenectady Municipal Housing Authority public housing projects developed, acquired, or assisted by the United States Department of Housing and Urban Development under the United States Housing Act of 1937, as amended, other than under Section 8 of the Act. (a) For buildings which have 10 or more rental units, the owner may choose between the rental certificate requirements outlined in § 210-8A and C . (2) Whenever a vacancy shall exist in a rental unit and a leasing is about to occur, or whenever there is a change in occupancy, the owner shall submit a written application for a rental certificate. This application shall indicate the name and address of the owner, the location of the property and the identity of the rental unit by number or other suitable means, as well as the names of all people who shall occupy the rental unit. For housing units rented as part of the program created in Section 8 of the United States Housing Act of 1937, a rental certificate shall be required for each change in tenancy after July 1, 2014. The application shall also include proof of a bond in the sum of $25,000, filed with the Finance Department. This bond is to indemnify and save harmless the City against all forms of damage and losses which may result from a fire or other catastrophic loss at the building which would cause the City to have to demolish or maintain the building. The bond requirement will be waived if the owner produces proof of at least $25,000 in fire insurance and names the City of Schenectady as a certificate holder on that policy. (a) If a request is made pursuant to the New York State Freedom of Information Act for information contained in the application for a rental certificate by someone who is not the current tenant of that unit, or the current owner of the unit, then all information which may be used to personally identify any occupant of the rental unit must be redacted before any documents are supplied to the requesting party. It is the intent of the City that any information which may be used to personally identify any occupant of the rental unit shall fall under Public Officers Law, Article 6 , § 87(2)(b). (3) Within five working days of receipt of an application, the Building Inspector shall inspect the rental unit to determine if the rental unit is in compliance with the following standards, which are part of a local housing program: (a) Light and ventilation. [1] Habitable space shall be provided with artificial light. [2] Habitable space shall be provided with natural ventilation through openable parts of windows or skylights or other openings in exterior walls which face open space. [3] Stairs and common areas shall be provided with artificial light to allow safe passage. [4] Nonhabitable space shall be provided with working fixtures for artificial light. (b) Access and vertical travel. [1] Stairs with more than three risers shall have handrails or railings on at least one side. Where stairs are open on both sides, railings shall be provided on both sides. [2] Railings or parapet walls shall be provided at open sides of balconies, porches and stairways. (c) Exits. All exits from rental units shall provide safe, continuous and unobstructed means of exit from the interior of the building to the exterior at grade level. In addition to the primary exit of each rental unit, there shall be provided at least one additional exit. (d) Structural requirements. Buildings and parts thereof shall be maintained so as to be capable of sustaining safely their own weight and the loads to which they may be subject. (e) Exterior protection. Exterior doors, windows, skylights and similar openings shall be maintained weathertight. Roofing shall be maintained in watertight condition so as to prevent leakage into the building. (f) Interior protection. Ceilings, walls, floors and stairways shall be maintained in a sound condition so that parts which become loose do not constitute a hazard to occupants. Ceilings, walls and floors shall be substantially free of cracks and holes so that the substructure is not exposed and so that drafts are prevented. (g) Plumbing. Potable water from an approved source shall be available at all times. Hot water shall be supplied at a minimum temperature of 130º F. The hot-water supply system shall have a safety device to relieve hazardous pressures and temperatures. Sewage and wastewater drainage systems shall be maintained so as to function properly, without breaks, obstructions or leaks. (h) Heating equipment. [1] Rental units must have equipment capable of supplying heat of not less than 68° F. between the first day of October and the 31st day of May. [2] Fireplaces and wood stoves used for burning fuel shall be connected to approved chimneys, and shall be installed so that adjacent combustible materials and structural parts are free from fire hazard, and shall be maintained so as to be structurally sound and to prevent the leakage of gases into the structure. (i) Electrical. [1] Electrical wiring and equipment shall be installed and maintained so as not to be a source of electrical hazard. [2] Electrical wiring shall not be exposed, and wiring and equipment shall be firmly secured by suitable means. [3] Electrical wiring and equipment shall be protected by properly rated overcurrent devices. (j) Cooking and refrigeration equipment. Utility hookups for cooking and refrigerating equipment shall be available in each unit, and, if provided, such equipment shall be maintained in proper working condition. (k) Fire protection. [1] Fire alarm equipment shall be maintained in proper working condition at all times. [2] Smoke detectors in operable condition shall be properly mounted in all dwelling units. (l) Maintenance requirements. Floors, walls, ceilings, furnishings and fixtures of rental units shall be maintained in a clean and sanitary condition and shall be free of insect, rodent and vermin harborage and infestation. (m) Registration of rental unit. The rental unit must be a unit of record listed with the City's Building Inspection and Assessor's offices prior to the time of inspection. (n) Exterior property areas. Yards, courts and lots shall be kept clean and free of garbage, refuse and all other conditions which may threaten the health and safety of the occupant. (o) Prohibited storage. The accumulation or storage of garbage and refuse in halls, stairways and residential units shall be prohibited. The accumulation or storage of such volatile and combustible materials as paints, paint thinners, liquid fuels and other like materials in halls, stairways and residential units shall be prohibited. (p) In addition to the requirements set forth in this subsection, the City shall offer to conduct the rental inspection in a manner that meets or exceeds the housing quality standards set forth in 42 U.S.C. § 1437f , or any successor standard or requirement. (4) If the residential unit is in compliance with this chapter, then the Building Inspector shall issue a rental certificate at the time of inspection. (5) If violations are found to exist, the Building Inspector shall deny the application and notify the owners of such denial with a notice of denial. (a) A notice of denial is a written notice which specifies the alleged violations and which advises the owner of his/her right to a hearing before the Building Inspector. (b) Notice shall be served either personally or by registered mail to the owner at the address given on the rental certificate application. B. Temporary rental certificate. (1) An owner may apply for a temporary rental certificate whenever the Building Inspector is unable to inspect the unit within five working days of receipt of an application for a rental certificate. The application for a temporary rental certificate must be accompanied by a sworn affidavit of the owner that the rental unit substantially complies with the standards set forth in this section. (2) A temporary certificate of rental is valid for 60 days or until the unit is inspected by the Building Inspector, whichever is less. C. Buildings with 10 or more rental units. (1) The owner of a building with 10 or more rental units may choose to apply for a rental certificate which shall be valid for 12 months from the date of issuance. Said application shall be on forms created by the office of the Building Inspector and shall request whatever information is deemed necessary. Upon submission of said application, the applicant shall also provide proof that a bond in the sum of $75,000 has been filed with the Finance Department. This bond is conditioned to indemnify and save harmless the City against all forms of damage and losses which may result from a fire or other catastrophic loss at the building which could cause the City to demolish or maintain the building. The bond requirement will be waived if the owner produces proof of at least $75,000 in fire insurance and names the City of Schenectady as a certificate holder on said policy. Said policy of insurance shall remain in full force and effect for the full period specified in the rental certificate. (2) Within five working days of receipt of an application, the Building Inspector shall inspect the building to determine if it is in compliance with the standards outlined in § 210-8A . The scope of this inspection shall include all common areas of the building, as well as nonhabitable space which the Building Inspector determines should be inspected for safety purposes. For every 10 rental units which exist in the building, the Building Inspector shall inspect one rental unit, to determine if it is in compliance with the standards outlined in § 210-8A . If that unit does not meet the standards outlined in § 210-8A , the Building Inspector may require the inspection of such additional rental units as, in his opinion, are necessary to confirm the safety and habitability of the building. (3) Once the Building Inspector determines that the owner of a building has complied with the requirements set forth in § 210-8C(2) , and paid the applicable fee, each rental unit in the building shall have a valid rental certificate which shall last for 12 months. A copy of this rental certificate shall be displayed in a conspicuous place in the vicinity of the main entranceway of the building.