Council Member Krasher introduced the following: Ordinance Number AN ORDINANCE AMENDING SECTION 231-130 OF CHAPTER 231 (HOUSING)

OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RESIDENTIAL OCCUPANCY PERMITS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 231-130 of Chapter 231 is hereby amended to read as follows: 231-130. Inspection and certification of premises. General. (1) All residential rental dwelling units shall be inspected and certified by the Department of Buildings and Regulatory Compliance (hereinafter "the Department"), which shall determine compliance with, administer and enforce all applicable provisions of this code and the Code. On and after November 1, 1996, residential occupancy permits shall be valid for 30 months from the date of issuance. A. After the issuance of a residential occupancy permit, if a unit is declared unfit pursuant to Section 231-114 and the violations are not remedied within 72 hours, the term of the residential occupancy permit shall be reduced to one year if more than one year remains on the permit and if less than one year remains on the permit, it shall be immediately withdrawn. (2) Nothing contained herein shall be construed or operate to invalidate an otherwise legally effective permit or certificate issued prior to November 1, 1996, except that such permit or certificate shall be valid only until May 31, 1999, 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 231-108. The notice and order shall be served as set forth in Chapter 133A of this Code. 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.

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B. On or after November 1, 1996, the Department shall have the right to inspect all or any part of the rental dwelling, including any unit or apartment, or entire multiple residence as required herein and/or upon complaint, except that the owner, agent or person in charge thereof shall have the right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Chief of the Department, or his or her designee, in order to enable such inspection. The officials charged with conducting the inspection pursuant to this Part 4 shall be required to obtain a search warrant whenever an owner, agent or person in charge refuses to permit a warrantless inspection of the premises after having been advised that he or she has a constitutional right to refuse entry of the officials without a search warrant. C. 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. D. 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 Chief of the Department. E. Nothing in this Part 4 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. F. No residential occupancy permit shall be issued under this Part 4 unless and until the fee(s) required under Part 5 of this chapter is paid in full to the Department. G. No residential occupancy permit shall be issued under this Part 4 unless the rental dwelling unit is an authorized use pursuant to Chapter 375, Zoning, and until all other applicable provisions and requirements of the Code of the City of Albany are complied with and met. H. The owner must notify each tenant upon the issuance or renewal of a residential occupancy permit along with a statement notifying the tenant that they have a right to report potential code violations to the City of Albany during the term of their lease. Section 2. This ordinance shall take effect immediately.

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TO: FROM: RE: DATE:

Nala Woodard, City Clerk Judd Krasher, Council Member Supporting Memorandum April 2, 2014

RESOLUTION NUMBER TITLE: AN ORDINANCE AMENDING SECTION 231-130 OF CHAPTER 231 (HOUSING) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO RESIDENTIAL OCCUPANCY PERMITS GENERAL PURPOSE OF LEGISLATION: This ordinance provides that when a building is declared unfit for human habitation under the city code, the term of the residential occupancy permit is reduced, if the repairs are not made within 72 hours. It also provides that tenants are made aware that they have the right to report potential code violations to the city without fear of repraisal. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: Negligent landlords are a problem throughout the City of Albany. This legislation will give the city additional tools to combat this issue thereby helping to ensure quality housing stock, improve quality of life and protecting tenants and landlords who play by the rules. FISCAL IMPACT: None.

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