Rochester, N.Y., Code of Ordinances ch. 90 § 90-55
Inspections for violations (Rochester NY Property Code)
Operative Text
All inspections, including, but not limited to, inspections performed as part of an application for a certificate of occupancy pursuant to § 90-16 of the City Code, a renewal of a certificate of occupancy, or based upon the filing of a complaint, shall include a visual assessment for deteriorated paint and bare soil violations. With respect to units in structures located in the Lead Paint High-Risk Area identified by the Mayor or the Mayor's designee, when the visual assessment identifies no interior deteriorated paint violation, the owner shall cause dust samples to be taken and certified test results to be obtained in accordance with the protocols established in § 90-57B to determine whether a dust-lead hazard exists. For the purpose of determining whether or not a deteriorated paint violation is interior or exterior as it relates to windows, in addition to that portion of the window component that faces the interior, all exterior-facing portions of the window component, with the exception of the exterior frame or trim, are considered to be interior. The owner shall be given 60 days to cause the dust samples to be taken and to submit all certified test results to the Department. If all certified results are not submitted within the specified time, a dust sample violation shall be cited. When a dust-lead hazard is identified and not cleared, a dust-lead hazard violation shall be cited. A certification of clearance as described in § 90-57 shall be required in order to clear a dust-lead hazard violation. The Lead Paint High-Risk Area to be identified by the Mayor or the Mayor's designee shall be based on the County Health Department inspections data in conjunction with its elevated blood-lead level inspections. Where the filing of a complaint leads to an inspection, the inspection shall include the unit which is the focus of the complaint and all common areas.
Rochester City Code § 90-55 requires that all housing inspections—whether triggered by a certificate of occupancy application, a renewal, or a complaint—include a visual check for deteriorated paint and bare soil. In structures located within the city's designated Lead Paint High-Risk Area, if no interior deteriorated paint is found visually, the property owner must arrange for dust sampling and submit certified test results within 60 days; failure to do so results in a dust-sample violation citation. If a dust-lead hazard is identified and not remediated, a separate dust-lead hazard violation is cited, and a formal certification of clearance under § 90-57 is required to resolve it. Complaint-driven inspections must cover both the unit named in the complaint and all common areas.
Plain English — not legal advice.
Under Rochester City Code § 90-55, compliant property operators ensure that every inspection occasion—certificate of occupancy, renewal, or complaint response—is accompanied by a visual assessment for deteriorated paint and bare soil. For properties within the Lead Paint High-Risk Area, when a visual assessment finds no interior deteriorated paint, operators arrange for certified dust sampling and deliver all test results to the Department within the 60-day window to avoid an automatic dust-sample violation citation. Owners also maintain familiarity with the clearance certification process outlined in § 90-57, since a dust-lead hazard violation cannot be closed without that documentation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Rochester City Code § 90-55 establishes that tenants who file a complaint can expect an inspection covering their specific unit as well as all common areas of the building. If the property is in the city's Lead Paint High-Risk Area, the law requires the owner—not the tenant—to arrange and pay for dust sampling and submit certified results within 60 days, with violations cited automatically if that deadline is missed. Tenants who believe these inspection or testing requirements are not being followed may contact the Rochester Department of Buildings and Zoning Enforcement, consult a local tenant-rights organization, or raise a § 90-55 violation in any relevant housing proceeding.
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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