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

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

Key Facts

Trigger
filing a complaint requires an inspection
Inspection scope
complaint unit plus all common areas
Baseline check
deteriorated paint and bare soil, every inspection
High-Risk Area extra step
dust sampling if no visible paint violation found
Owner deadline
60 days to submit certified dust results
Governing article
§§ 90-50 to 90-57, Lead-Based Paint Registry

Summary

When a Rochester tenant files a complaint, the Department of Neighborhood and Business Development must inspect not just the unit at issue but every common area of the building. Every inspection, including complaint-based ones, includes a visual assessment for deteriorated paint and bare soil hazards under City Code § 90-55.

§ 90-55. Inspections for violations. 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. ... 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. ... 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.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4935326; v86 updated 2026-06-16; through 06-16-2026).

Full Breakdown

Section 90-55 sits within Rochester's Lead-Based Paint Registry article (§§ 90-50 through 90-57) but reaches every inspection trigger the Department runs, not just lead cases: certificate of occupancy applications, certificate renewals under § 90-16, and complaint-based inspections all get the same baseline visual assessment for deteriorated paint and bare soil violations. The section specifically addresses tenant complaints: '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,' so an inspector responding to one tenant's complaint is also required to check hallways, entryways and other shared spaces in the same building.

For units inside the City's designated Lead Paint High-Risk Area, if the visual assessment finds no interior deteriorated paint violation, the owner must still have certified dust samples taken and results submitted to the Department within 60 days; missing that deadline draws a dust sample violation, and an identified, uncleared dust-lead hazard draws a separate dust-lead hazard violation. Clearing either violation requires certification under the standards in § 90-57. The High-Risk Area itself is identified by the Mayor or the Mayor's designee, based on Monroe County Health Department inspection data combined with elevated blood-lead-level inspection findings.

Violations & Fines

A dust sample violation is cited if the owner fails to submit certified dust-wipe results within the 60-day window after a complaint-triggered or other inspection identifies no visible interior paint problem in a High-Risk Area unit. A dust-lead hazard violation is cited when sampling confirms a hazard that hasn't been cleared. Either violation stays open until a certified clearance examination is completed under § 90-57, and can block issuance or renewal of a certificate of occupancy under § 90-16.

Frequently Asked Questions

How do I get my Rochester rental unit inspected after a complaint?
Filing a complaint with the Department of Neighborhood and Business Development triggers an inspection under § 90-55, which by law must cover both the unit that's the focus of the complaint and all common areas of the building, not just the individual apartment.
What does a complaint-based inspection check for?
Section 90-55 requires every inspection, including complaint-based ones, to include a visual assessment for deteriorated paint and bare soil violations. In the Lead Paint High-Risk Area, a clean visual check still triggers a requirement for certified dust sampling.
Are common areas checked or just my apartment?
Both. Section 90-55 states directly that where a complaint leads to an inspection, the inspection includes the complaint unit and all common areas of the building, so shared hallways and entryways get reviewed too.

Sources & Official References

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