Albany, NY Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing section
- City Code § 231-99
- Heat/hot water duty
- Owner must furnish unless individual system
- Enforcement agency
- Fire, Emergency and Building Services Dept.
- Penalty basis
- Chapter 133A penalty schedule
Summary
Albany's Housing Code makes property owners responsible for maintaining their buildings and service facilities, and requires them to furnish adequate heat and hot water to tenants unless a unit has its own heating or hot-water system.
Owners of premises shall also be responsible for proper maintenance, condition and function of their property and service facilities. Unless otherwise agreed in writing with a tenant, the owner shall be responsible for furnishing adequate heat and hot-water supply, except in units with individual heating system or domestic hot-water supply. [Amended 9-18-1995 by Ord. No. 19.51.94]
C. In the event that cooking and/or refrigeration equipment is provided by the owner, the owner shall maintain the same in proper operating condition. See § 231-73.
D. The owner, operator or agent in control of the building shall be responsible for the following: [Added 9-18-1995 by Ord. No. 19.51.94]
(1) Limiting occupancy to the maximum number of persons permitted and prohibiting unlawful uses.
(2) Posting required statements of the maximum number of occupants permitted.
(3) Maintenance of the premises in a clean, safe and sanitary condition.
(4) Maintenance of the operation of service facilities in good order and condition.
(5) Maintenance of plumbing, heating and electrical equipment and systems, appliances, fixtures, as well as other building equipment and facilities, in an appropriate, good operative, clean and sanitary condition.
(6) Maintenance of walls, floors and ceilings in public places in a clean and sanitary condition.
(7) Keeping exits free and clear.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Under City Code § 231-99, the owner of a rental property must keep the building and its service facilities in proper condition, and unless a tenant has an individual heating or hot-water system, the owner must supply adequate heat and hot water. This sits inside Article VI's general property-maintenance mandate at § 231-90, which requires every residential premises to conform to the Housing Code. The Department of Fire, Emergency and Building Services enforces the chapter through inspections and notice-and-order procedures; failure to comply is prima facie evidence of a violation under § 231-125 and is punishable under Chapter 133A.
Violations & Fines
Failure to act on a notice and order is prima facie evidence of a violation; convicted owners face penalties set under City Code Chapter 133A.
Frequently Asked Questions
Does my landlord have to provide heat and hot water in Albany?
What happens if an Albany landlord ignores a maintenance violation?
Sources & Official References
Other rules in Albany
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