Residential Occupancy Permits (ROP's) are required for Albany NY Rental Real Estate

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There appears to be a huge misunderstanding among local real estate agents and market participants regarding residential occupancy permits (often referred to as CO's or certificates of occupancy) in the City of Albany. It is not uncommon for me to ask a listing agent if the property has ROP's only to be asked what an ROP is.  Rental property in the city of Albany is required to have an ROP that is issued every 30 months after an inspection by the fire department. The fire department will inspect the building to make sure it complies with safety and code rules and is rentable.  Typical inspection items include an operable door bell, self closing doors, smoke detectors, peep holes, etc.  Typical items that any prudent rental owner would want in a property anyway. If you are buying Albany Rental property, having a seller provide the current ROP's, is a general requirement an agent familiar with the market will write into a contract. In some cases, properties are sold "as is" and the buyer is responsible for obtaining ROP's.  For Clarification here is the section of the code that requires Residential occupancy permits for Albany Rental property.  For additional information visit me at Albany NY Rental Property

 Amended 8-19-1996 by Ord. No. 23.102.95] A. 



All residential rental dwelling units shall be inspected and certified by the Department of Fire and Emergency Services (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. [Amended 4-16-2001 by Ord. No. 4.11.01]


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.


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.


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.


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.


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.


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.


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. [Amended 4-16-2001 by Ord. No. 4.11.01]


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.



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Kevin Clancy

Real Estate Broker - Albany New York
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