Albany, N.Y., Code of Ordinances ch. 231 § 231-91
Open areas
Operative Text
A. Stormwater shall be properly drained to prevent recurrent entrance of water into any basement or cellar. B. Surface and subsurface water shall be appropriately drained to protect buildings and structures and to prevent development of stagnant ponds. Gutters, culverts, catchbasins, drain inlets, stormwater sewers, approved combined storm and sanitary sewers or other satisfactory drainage systems shall be utilized where deemed necessary. C. Fences and other minor structures shall be maintained in a safe condition. D. Steps, walks, driveways, parking spaces and similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. E. Yards, courts and lots shall be kept free and clear of physical hazards and material or debris which would cause a fire hazard or act as a breeding place for vermin or insects. F. Heavy undergrowths and accumulations of plant growth noxious or detrimental to health shall be eliminated. G. Exterior property areas shall be free from conditions which might create a health, accident or fire hazard. H. Exterior property areas shall be reasonably free from holes and excavations, sharp protrusions and other objects or conditions which might cause personal injury. Walks, steps and driveways that contain holes or tripping hazards shall be filled, repaired or replaced as the need indicates. Open wells, cesspools or cisterns shall be securely closed. Trees or limbs of trees that constitute a hazard shall be removed. I. Sewage must be discharged into a public sewer system except as specially permitted by the authority having jurisdiction in accordance with the New York State Public Health Law and the Albany County Sanitary Code. Discharge of inadequately treated sewage shall not be permitted upon the surface of the ground or into natural or artificial surface drainways. J. For the protection of the general public, all swimming pools shall be effectively fenced by an artificial enclosure not less than six feet in height. For pools projecting above the ground and which are self-enclosed by the exterior projections thereof said enclosures shall be constructed to satisfy the requirements of this provision, provided that they are not less than six feet in height above the ground and provided further that any openings in the enclosure affording access to the pool proper be provided with a gate containing an automatic or manual locking device affixed in such a manner as to exclude small children.
Albany Code § 231-91 establishes a broad set of maintenance standards for the open and exterior areas of properties. It requires that stormwater and surface water be properly drained, that outdoor surfaces like steps, walks, and driveways be kept safe for normal use, and that yards be free of debris, hazards, plant overgrowth, and conditions that could cause fire, injury, or vermin. The provision also sets specific rules for sewage disposal and mandates that swimming pools be enclosed by a fence at least six feet high with a locking gate to protect the public, particularly small children.
Plain English — not legal advice.
Property owners and managers operating under Albany Code § 231-91 generally maintain drainage systems—including gutters, culverts, and catchbasins—to prevent water from entering basements or forming stagnant pools. Compliant operators routinely inspect exterior areas for debris, overgrown vegetation, holes, sharp protrusions, and structural hazards such as unsafe fences, steps, or driveways, and address these conditions promptly. Those with swimming pools on the premises ensure that a fence of at least six feet in height, fitted with a locking gate, fully encloses the pool in accordance with the provision's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties subject to Albany Code § 231-91 have an interest in exterior areas—including yards, walkways, driveways, and drainage systems—being kept free of hazards, debris, and conditions that could cause injury or health risks. If open areas on the property appear to violate these standards, such as broken steps, standing water, accumulated debris, or an improperly fenced pool, tenants may document the conditions and raise the issue with the property owner or the relevant Albany code enforcement authority. Tenant-rights organizations in the Albany area can help residents understand what remedies or complaint processes may be available under this provision.
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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