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Amherst, NY Rental Inspections: Tenant Complaint Process (2026)

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

Key Facts

Governing section
Town Code § 83-14-1, Complaints
Who investigates
Commissioner of Building
Response options
inspection, notice, stop-work order
Rental cross-reference
notice of violation under § 44-14
Correction window
up to 30 days under § 44-14
Appeal path
Zoning Board of Appeals, 5-day filing window

Summary

When a tenant or neighbor complains that a property fails to meet the Uniform Code, Energy Code, or another Town ordinance, Amherst Code § 83-14-1 requires the Commissioner of Building to review and investigate. The Commissioner decides which response steps fit the case, from an on-site inspection through a written notice of violation and, if needed, a stop-work order.

The Commissioner of Building shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law, ordinance or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Commissioner of Building may deem to be appropriate: Performing an inspection of the conditions and/or activities alleged to be in violation, and documenting the results of such inspection; If a violation is found to exist, providing the owner of the affected property and any other person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in § 83-1-5 of this chapter.

Full Breakdown

Section 83-14-1 of the Town Code, part of the Building Construction Administration chapter's complaint procedures, governs how the Town responds once a resident or tenant raises a complaint about a property. The Commissioner of Building must review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this chapter, or any other local law, ordinance or regulation tied to Uniform Code or Energy Code enforcement. The section lists the steps the Commissioner may use to respond: performing an inspection of the conditions or activities alleged to be in violation and documenting the results; if a violation is confirmed, giving the property owner and any other responsible person notice of the violation and a chance to abate, correct or cure it, or otherwise proceeding under § 83-1-5's general penalty provision; issuing a stop-work order where appropriate; and, once a violation is corrected, performing a follow-up inspection, preparing a final written report, and filing that report with the original complaint.

For rental housing specifically, a tenant complaint that surfaces a housing code problem can also route into Chapter 44's separate rental-registration enforcement: a Commissioner's notice of violation issued under § 44-14 gives the owner up to 30 days to correct the problem, with the Commissioner authorized to grant more time upon good cause shown. A by filing a written petition within five days of the notice or order.

Violations & Fines

There's no standalone fine listed in § 83-14-1 itself: the section funnels confirmed violations into the Town's general penalty track under § 83-1-5, and a stop-work order can halt work immediately once issued. Under the parallel rental-registration process, failing to correct a violation after a § 44-14 notice can lead to denial or revocation of the property's rental certificate and, per § 44-12.B, a fine of up to $1,500 or 15 days' imprisonment, or both.

Frequently Asked Questions

How does a tenant get a rental property inspected in Amherst?
A tenant's complaint goes to the Commissioner of Building, who must review and investigate under § 83-14-1. The Commissioner decides which steps fit the case, starting with an inspection of the conditions alleged to be in violation and documenting the results before deciding on further action.
What happens after the Commissioner finds a violation?
Under § 83-14-1, the owner and any other responsible person get notice of the violation and a chance to abate, correct or cure it. For rental units, that step often takes the form of a § 44-14 notice of violation giving the owner up to 30 days to fix the problem.
Can a stop-work order come out of a tenant complaint?
Yes. Section 83-14-1 lists issuing a stop-work order as one of the steps the Commissioner of Building may take if appropriate while investigating a complaint, alongside inspection, notice of violation, and a follow-up inspection once the violation is corrected.
Can an owner appeal a complaint-driven violation notice?
Yes. Under § 44-16.A, anyone affected by a notice or order may request a hearing before the Zoning Board of Appeals by filing a written petition within five days of the notice, and the Board can sustain, modify or withdraw the order after the hearing.

Sources & Official References

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