Rochester, N.Y., Code of Ordinances ch. 90 § 90-43
Summary suspensions: general provisions (Rochester NY Property Code)
Operative Text
A. When the Commissioner finds the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in such order, a summary suspension of the business permit may be ordered, effective on the date specified in such order or upon service of the order by one of the means set forth in Subsection C , whichever shall be later. B. An order of summary suspension may be served prior to, simultaneously with, or after the commencement of a proceeding seeking the suspension or revocation of a license. C. An order of summary suspension shall be served upon the holder(s) of a business permit by personally serving the business permit holder(s), or by personally serving the business permit holder's manager if one is listed on the business permit application, or by mailing the order by first-class mail via confirmation to both the business address and the home address listed on the business permit application of the business permit holder(s). D. The order of summary suspension shall contain: (1) A detailed description of the charges against the business permit holder(s); (2) An explanation of the finding that the continued operation of the business endangers the public health, safety, or welfare necessitating immediate closure; (3) Identification of the evidence supporting those charges; (4) Notice that the business permit holder(s) may: (a) Answer the charges in writing and supplement the record; and (b) Demand an expedited suspension or revocation hearing in writing; and (5) Notice that a summary suspension shall be deemed to be final if a request for a hearing is not received within 20 days of the issuance of the order of summary suspension. E. Any summary suspension imposed under this section shall remain in effect, unless reversed by the Commissioner, until a final decision is rendered after a timely requested hearing. F. Any person who continues to operate the business while under an order of summary suspension shall be deemed to be guilty of operating a business without the required business permit in violation of § 90-33 and subject to the enforcement provisions set forth in § 90-36E and § 90-70 of this chapter. The disobedience shall also be an additional charge added to the suspension or revocation hearing notice and shall be a basis for suspension or revocation of the business permit. G. If a written answer and demand for an expedited revocation hearing are served by the permit holder(s) on the Commissioner in a timely manner, the Commissioner shall schedule a hearing before a Hearing Officer within 15 days of receipt of the demand, unless the business permit holder(s) requests a later date. H. The Commissioner shall render a final decision within 10 days of receipt of the Hearing Officer's finding of facts and recommendations, along with the record of the proceeding.
Rochester, N.Y., Code of Ordinances ch. 90 § 90-43 establishes a process by which the Commissioner can immediately suspend a business permit—without waiting for a full hearing—when continued operation is found to pose an urgent threat to public health, safety, or welfare. The suspension order must be formally served on the permit holder and must include the specific charges, the supporting evidence, and notice of the permit holder's right to respond and request an expedited hearing. If no hearing is requested within 20 days of the order's issuance, the suspension becomes final; if a hearing is timely requested, the Commissioner must schedule one within 15 days and issue a final decision within 10 days of receiving the Hearing Officer's findings.
Plain English — not legal advice.
Property owners and managers operating under a Rochester business permit should be aware that under § 90-43, the Commissioner holds authority to order an immediate suspension of that permit if emergency conditions are found to exist. Compliant operators generally ensure that current business and home addresses on file with the city are accurate, so that any summary suspension order reaches them promptly and response deadlines are not inadvertently missed. Operators who receive such an order and wish to contest it typically act quickly to submit a written answer and a written demand for an expedited hearing within the 20-day window specified in § 90-43(E), and they cease operations immediately upon receipt of the order to avoid the additional violations described in § 90-43(F).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants residing in properties subject to a Rochester business permit should know that § 90-43 gives the Commissioner authority to shut down a rental operation on an emergency basis when public health, safety, or welfare is at serious risk. If a summary suspension is issued affecting a tenant's housing, the provision at § 90-43 does not itself address tenant relocation rights, so tenants may wish to contact the City of Rochester's relevant housing offices or a local tenant-rights organization to understand what additional protections may apply. Tenants who believe conditions at their property rise to the level of an emergency warranting immediate action can explore filing a complaint with the appropriate city department, which may trigger the kind of Commissioner review contemplated by § 90-43.
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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