Auburn, N.Y., Code of Ordinances ch. 182 § 182-49
Energy efficiency
Operative Text
A. Purpose. It is the purpose of this section to encourage energy efficiency and conservation in the City of Auburn. The City finds that this enactment will encourage the conservation of a finite public resource; the quality of life for all residents by generating more affordable housing, more comfortable dwellings and a cleaner environment; and landlords to make energy improvements for utility-paying tenants and will reduce the flow of energy dollars out of the local economy. B. Compliance. No certificate of occupancy or certificate of compliance shall be issued for any dwelling unit six months after the effective date of this section unless there is full compliance with this section. C. Requirements. (1) All dwelling units shall have two of the following: (a) Attic or roof insulation with a minimum R value of R-30; (b) Permanently or seasonally mounted storm windows, as a second covering, on all exterior primary windows of habitable spaces from November 1 to April 1 of each heating season. Windows with two or more layers of glazing are acceptable. Other acceptable alternatives are interior treatments, including polyethylene or acrylic systems. The use of Lexan TM for storm windows is unacceptable; or (c) Heating system(s) with a verified minimum annualized fuel use efficiency (AFUE) of 65% or combustion efficiency of 75% as verified within the preceding two years. This alternative does not apply to any dwelling unit whose primary heating system is electrical; such units shall meet the requirement of Subsection C(1)(a) and (b) above. (2) Actions to meet the foregoing requirements must be consistent with the New York State Uniform Fire Prevention and Building Code. D. Verification. Evidence of storm windows can be verified by visible inspection by the Housing Code Inspector or the owner's affidavit of compliance with this section. Other items can be verified by the public utility serving the City, or comparable audit report on building or dwelling unit, or receipts for completed tests, work or materials. In the absence of the foregoing verifications provided to the Housing Code Inspector, dwelling units will be assumed to be not in compliance. E. Failure to comply; effect. Notwithstanding any other law to the contrary, failure to comply with this section shall be punishable only by the nonissuance of a certificate of occupancy or certificate of compliance for the dwelling unit. This provision shall not remove or diminish any requirement for obtaining a certificate of occupancy or certificate of compliance or any penalty which can be imposed for failing to obtain a certificate of occupancy or a certificate of compliance. F. Waivers. Waivers for exemptions from these requirements may be made in writing to the Housing Code Inspector. Exemptions may be granted under the following demonstrated conditions: (1) Financial hardship; (2) The measures are not cost effective; or (3) The measures create unsafe conditions. G. Energy audit. The public utility serving this City or a similarly qualified agency shall, within six months after the effective date of this section, make an energy audit of all buildings subject to this chapter, and a copy of the same shall be filed forthwith with the Housing Code Inspector.
Auburn, N.Y., Code of Ordinances ch. 182 § 182-49 establishes energy efficiency requirements for dwelling units in the City of Auburn as a condition of receiving a certificate of occupancy or certificate of compliance. Specifically, each dwelling unit must satisfy at least two of three listed measures: adequate attic or roof insulation (minimum R-30), qualifying storm windows during the heating season, or a heating system meeting minimum efficiency thresholds. The rule's enforcement mechanism is the withholding of occupancy certificates rather than a direct monetary fine, though separate penalties for failing to obtain those certificates may still apply. Waivers are available in writing to the Housing Code Inspector when financial hardship, cost-ineffectiveness, or safety concerns can be demonstrated.
Plain English — not legal advice.
Under Auburn, N.Y., Code of Ordinances ch. 182 § 182-49, compliant property owners generally ensure that each dwelling unit satisfies at least two of the three enumerated energy efficiency measures before seeking a certificate of occupancy or certificate of compliance. Operators typically maintain documentation—such as utility audit reports, receipts for completed work, or affidavits of compliance—ready to present to the Housing Code Inspector, since the absence of such verification results in a presumption of non-compliance. Landlords who face genuine obstacles such as financial hardship or safety concerns may pursue a written waiver request to the Housing Code Inspector under the exemption provisions of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Auburn, N.Y., Code of Ordinances ch. 182 § 182-49 is designed in part to benefit utility-paying tenants by encouraging landlords to make energy improvements that can lead to more affordable and comfortable dwellings. Tenants who have concerns about whether their unit meets the energy efficiency requirements of this section may contact the Auburn Housing Code Inspector, who is responsible for verifying compliance before certificates of occupancy or compliance are issued. Tenant-rights organizations and local housing agencies can be useful resources for understanding how this provision may relate to a particular housing situation.
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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