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Amherst, NY Rental Inspections: Inspection Programs (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Consent tied to
Registering a rental dwelling unit
Inspecting authority
Commissioner of Building or designee
Standard applied
Housing code + NYS Uniform Fire/Building Code
STR inspections
Required annually, § 44-4(A)(10)
Correction period
Up to 30 days, § 44-14
Non-compliance consequence
Certificate denial or revocation, § 44-9

Summary

By registering a rental unit in the Town of Amherst, the owner consents to inspection by the Commissioner of Building for compliance with the housing code and the state Uniform Fire Prevention and Building Code, with short-term rentals facing an additional annual inspection.

A. Upon the rental dwelling unit being registered, the owner of the rental dwelling unit consents to the inspection of the dwelling unit by the Commissioner or his/her designated representative. The Commissioner, or his/her designated representative, may make an inspection of the rental dwelling unit to determine whether or not such rental dwelling unit is in substantial compliance with this chapter and the New York State Uniform Fire Prevention and Building Code. At the conclusion of said inspection, the Commissioner, or his/her designated representative, shall provide the owner, or the owner's representative, at the inspection with a copy of the results of the inspection.

Full Breakdown

Section 44-13(A) states that 'upon the rental dwelling unit being registered, the owner of the rental dwelling unit consents to the inspection of the dwelling unit by the Commissioner or his/her designated representative,' who may inspect to determine compliance with Chapter 44 and 'the New York State Uniform Fire Prevention and Building Code,' and must give the owner a copy of the results. For pre-1978 properties, § 44-13(A)(1) extends that consent to lead-hazard testing. Section 44-13(B) provides that a compliant inspection lets the owner keep the registration certificate.

Section 44-5 makes an initial satisfactory inspection, plus current property taxes, a precondition for the Town issuing any certificate in the first place, and § 44-4(A)(10) layers on an annual inspection requirement specifically for short-term rental units. If an inspection turns up noncompliance, § 44-14 requires the Commissioner to issue a written notice of violation naming the property, the specific violations and a correction period of up to 30 days, extendable for good cause. Repeated or unresolved noncompliance found on inspection is grounds for the Commissioner to deny or revoke the registration certificate under § 44-9, after a hearing on at least 10 days' notice, and can lead to a vacate order under § 44-6 for units presenting an immediate hazard.

Violations & Fines

Failing the inspection requirement is grounds for denial or immediate revocation of the rental certificate under § 44-13, and uncorrected notice-of-violation items under § 44-14 can bring the general Chapter 44 penalty of up to $1,500 or 15 days' imprisonment under § 44-12(B), plus a vacate order under § 44-6 where the Commissioner finds an immediate hazard.

Frequently Asked Questions

Can Amherst inspect my rental property?
Yes. Section 44-13(A) states that by registering a rental dwelling unit, the owner consents to inspection by the Commissioner of Building to check compliance with the housing code and the New York State Uniform Fire Prevention and Building Code.
How often are short-term rentals inspected in Amherst?
Section 44-4(A)(10) requires an annual inspection for any property used as a short-term rental, in addition to the inspection needed before the Town issues the initial short term rental certificate.
What happens if my rental fails inspection?
The Commissioner issues a written notice of violation under § 44-14 giving up to 30 days to fix the problem. Uncorrected violations can lead to certificate denial or revocation under § 44-9, and units with an immediate hazard can be ordered vacated under § 44-6.

Sources & Official References

Other rules in Amherst

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