Canandaigua, N.Y., Code of Ordinances ch. 560 § 560-3
Scope; applicability; exceptions
Operative Text
A. The provisions of this article shall apply to all residential rental buildings and structures now in existence or hereafter constructed, rehabilitated, renovated or converted to residential use within the City limits, except those buildings and structures specifically excluded from the provisions of this article. B. Nothing in this article shall be deemed to change the validity of or requirements for a certificate of occupancy under the Building Code of New York State. C. Exceptions. The provisions of this article do not apply to: (1) Buildings, structures and uses owned and operated by any governmental unit or governmental agency, including the State of New York, or the County of Ontario. (2) Single-family dwellings occupied by a record title holder. (3) Transient shelters and group homes subject to state inspection. (4) Residential structures of which ownership passes to a governmental unit. (5) Hotels or motels. (6) Tourist homes or bed-and-breakfast dwellings. (7) Nursing homes, intermediate care nursing homes or convalescent dwellings. D. Where a nonresidential business or activity or a state-licensed or state-approved use occupies a portion of a building and the building contains premises which would otherwise be subject to this article, this article shall be and remain applicable to the residential and common or public areas of such building and premises.
Section 560-3 of Canandaigua's Code of Ordinances establishes which residential rental properties fall under the city's rental housing article and which do not. The rule broadly covers all residential rental buildings within city limits — existing, newly built, or converted — but carves out specific categories such as government-owned buildings, owner-occupied single-family homes, hotels, motels, bed-and-breakfasts, nursing homes, and certain shelters. When a building mixes residential and non-residential uses, the residential and shared common areas remain subject to the article's requirements even if the commercial portion is not. Importantly, this article does not alter or replace any certificate-of-occupancy obligations under the New York State Building Code.
Plain English — not legal advice.
Operators of residential rental properties in Canandaigua should confirm whether their buildings fall within the scope of § 560-3 before assuming compliance obligations do or do not apply. Owners of mixed-use buildings — for example, a structure with ground-floor retail and upper-floor apartments — generally treat the residential units and shared common areas as fully subject to the article, even if the commercial space is exempt. Operators of properties that may qualify for an exception, such as a bed-and-breakfast or a single-family home occupied by the record title holder, should document that status clearly, since the default rule under § 560-3 is broad inclusion.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants renting in Canandaigua can look to § 560-3 to understand whether their building is covered by the city's residential rental article, which is the starting point for any protections or standards the article provides. Most conventional rental apartments and multi-family buildings fall within the article's scope, and tenants in mixed-use buildings retain coverage for their units and shared spaces even when a business operates in the same structure. Tenants who believe their building should be covered but may be improperly treated as exempt can raise § 560-3's applicability provisions when filing a complaint with the city or when consulting a tenant-rights organization for guidance on next steps.
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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