Amherst, NY Rental Inspections: Tenant Complaint Process (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?
What happens after the Commissioner finds a violation?
Can a stop-work order come out of a tenant complaint?
Can an owner appeal a complaint-driven violation notice?
Sources & Official References
Other rules in Amherst
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