Rochester, N.Y., Code of Ordinances ch. 90 § 90-53
Presumptions and obligations (Rochester NY Property Code)
Operative Text
A. For purposes of this article, all paint on the interior or exterior of any residential building on which the original construction was completed prior to January 1, 1980, shall be presumed to be lead-based. B. For purposes of this article, all paint on the exterior of any nonresidential structure on which the original construction was completed prior to January 1, 1980, shall be presumed to be lead-based. C. Any person seeking to rebut these presumptions shall establish through the means set forth in § 90-56 that the paint on the building or structure in question is not lead-based paint. D. Residential buildings shall be maintained free of lead-based paint hazards.
Rochester City Code § 90-53 establishes a legal presumption that all paint—interior or exterior—on residential buildings constructed before January 1, 1980, is lead-based paint; a similar presumption applies to exterior paint on pre-1980 nonresidential structures. Anyone who believes paint in a covered building is not lead-based must use the specific rebuttal process outlined in § 90-56 to overcome that presumption. Separately, the provision places an affirmative obligation on residential buildings to be kept free of lead-based paint hazards at all times.
Plain English — not legal advice.
Under § 90-53, operators of residential properties built before 1980 are generally expected to treat all paint as lead-based unless they have successfully rebutted that presumption through the process described in § 90-56. Compliant operators typically conduct and document lead assessments, maintain records of any rebuttal findings, and take ongoing steps to keep their properties free of lead-based paint hazards. Because the presumption applies to both interior and exterior surfaces of residential buildings, property managers commonly incorporate lead-hazard maintenance into routine inspection and repair schedules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 90-53 of the Rochester City Code gives tenants in pre-1980 residential buildings a strong legal footing: the law presumes all paint is lead-based, and the burden falls on others—not tenants—to prove otherwise through the § 90-56 process. Residential buildings must be maintained free of lead-based paint hazards, which means tenants who observe deteriorating paint or related conditions may have grounds to raise a code-compliance concern. Tenants can generally report suspected violations to the City of Rochester's code enforcement office or consult a local tenant-rights organization to understand available options.
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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Rules and statutes that cite this regulation