What are your rights as a renter? Here's how you can report property issues

Is your ceiling leaking? Are your windows missing screens? Is your home experiencing a rodent or bug infestation?

The Rochester Property Code outlines standards to which all residential, commercial and industrial buildings in the city have to be kept — including aesthetic and health and safety provisions. As a tenant, you have the right to report code violations in your rental property to city authorities if your landlord isn’t making necessary repairs.

If the state of your home is affecting your safety or wellbeing, or if you spot any issues in your living space that may constitute a hazard or violation, here’s how to report them.

Calling the Neighborhood Service Center for your area

The city’s four service centers allow residents to call in to speak to city staff and have neighborhood issues heard and addressed. The centers are open Monday through Friday, 8 a.m. to 5 p.m.

• Northwest (Charlotte, Maplewood Historical District, Lyell-Otis, Edgerton): (585) 428-7620

• Southwest (19th Ward, Corn Hill, Genessee-Jefferson): (585) 428-7630

• Northeast (Upper Falls, Group 14621): (585) 428-7660

• Southeast (South Wedge, Swillburg, Strong, Cobbs Hill, Homestead Heights, Northland-Lyceum, North Marketview Heights): (585) 428-7640

Calling the Bureau of Buildings and Compliance

The Bureau of Buildings and Compliance is responsible for administering and enforcing all building, property and zoning codes in Rochester. You can reach the department at (585) 428-6520.

More: Tarnished reputations? Landlords say city’s scoring system is unfair, poorly managed

Calling the 311 Call Center

If you’re calling from a landline, dial 311 to reach the city’s 311 Call Center. If you’re calling from a cell phone or outside Rochester, you can reach the center at (585) 428-5990.

What happens next after you report a property?

If you reported a violation on the outside of your rental property:

1. The person taking your call will assign an inspector to come and take a look if there isn’t already an open case on the property. If there is a case already, the inspector on the case will add the violation to their notes and conduct an additional inspection.

2. If the inspector cannot verify the violation, they’re meant to try and reach you as best as they can to check up on your concern. If they’re unable to contact you or you submitted the complaint anonymously, they would close the case.

3. If they’re able to verify the violation, and it is considered to be health and safety-related or causing “a blighting effect” for your neighborhood, the inspector will issue a Notice and Order — a letter letting your landlord know about the violation. If the inspector deems the issue minor, they may send a courtesy letter to your landlord and close the case. The inspector should contact you to let you know what action they’ve taken.

4. If you’re concerned about the way your case was handled, you have the right to speak to the inspector’s immediate supervisor.

If you reported a violation inside your rental property:

1. The staff member who answers your call will ask if you’re the legal occupant of the property and whether you’ve relayed your concerns to your landlord

2. If you’re reporting a suspected lead problem or a problem with painting:

   • If there’s already a case open on your property, the report will be added to case notes and an inspection will be scheduled.

   • If there isn’t a case open, one would be made and an inspection scheduled.

3. If you’re reporting any other issue:

   • If you haven’t contacted your landlord, the staff member answering your call will advise you to do so. If you’ve tried to contact your landlord but they haven’t been responsive or you’ve had trouble reaching them, the staff member will try to contact them.

   • If the landlord responds to the staff member and acknowledges the concern, the call center staff member will let you know. If the issue isn’t fixed, you should call back and let the call center know.

   • If the problem can’t be resolved by phone, you’ll be contacted to book an inspection appointment. The inspector will issue a Notice and Order if the violation is present and is deemed a health and safety issue or of a “blighting nature.” If the violation doesn’t fall into either category, it won’t be pursued.

   • The inspector will follow up with any violations connected to a Notice and Order on a regular basis until they are fixed.

More: ‘Good cause eviction’ law reaches Rochester City Council: What you need to know.

What if I face retaliation for reporting a violation?

If your landlord tries to evict you within 1 year after you report problems with your rental without demonstrating a valid non-retaliatory reason for doing so, it can count as unlawful retaliation. Your landlord would also be legally in the wrong to unreasonably raise your rent solely because you alerted them or the city of violations in the property.

You may also be able to claim retaliation as a defense if your landlord gives you notice to move within 12 months after an inspector issues a “Notice and Order” about a code violation.

— Christina Chkarboul is a summer intern at the Democrat and Chronicle and a student journalist at USC, where she focuses on Earth science, global studies and journalism. Contact her at [email protected] with story tips related to code enforcement.

This article originally appeared on Rochester Democrat and Chronicle: Renter's rights in Rochester NY: What to know about property code