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Hamburg Village, NY Rental Property Rules: Repairs & Habitability (2026)

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

Key Facts

Maintenance standard
Clean, safe, sanitary and free of substantial deterioration (§ 182-8B)
Landlord-supplied items
Appliances and furnishings held to the same standard (§ 182-8C)
Rental window screens
No. 15 mesh or finer, June 1 to October 1, through third story
Garbage containers
Covered containers required; multiple-dwelling owners provide receptacles
Unoccupied hazard
Unoccupied more than six months with broken or sealed openings
Maximum penalty
$250 fine, 15 days in jail, or both (§ 182-14)

Summary

The Village of Hamburg Code covers the condition of leased housing in its Property Maintenance chapter. Section 182-8 requires exterior and interior surfaces of buildings to be kept clean, safe, sanitary and free of substantial deterioration, and extends that standard to appliances and furnishings a lessor supplies in leased premises.

B. General maintenance. Exterior and interior surfaces, including but not limited to foundations, roofs, floors, walls, ceilings, doors, windows and fixtures of buildings and structures shall be maintained: (1) In a clean, safe and sanitary manner; and (2) Free of substantial deterioration. C. Supplied items. In leased premises where appliances or furnishings are supplied by the lessor, in whole or in part, the provisions of Subsection B above shall apply to such items. D. Exterior surfaces. (1) Periodic treatment. In addition, exterior surfaces of buildings and structures that are not inherently resistant to substantial deterioration shall be periodically treated with a protective coating of paint or other suitable preservative when necessary.

Full Breakdown

Chapter 182 of the Village of Hamburg Code, adopted by the Board of Trustees on 6-15-1998 as L.L. No. 3-1998, is where the Village sets condition standards for buildings, including rentals. Section 182-5 applies Article II to residential, commercial, storage and industrial buildings, whether occupied or vacant, and accessory structures. Section 182-8B then requires exterior and interior surfaces, including foundations, roofs, floors, walls, ceilings, doors, windows and fixtures, to be maintained in a clean, safe and sanitary manner and free of substantial deterioration. Substantial deterioration is defined in § 182-8A as general dilapidation or specific instances of disrepair, including substantial conditions of peeling, chipping, cracking, splintering, fraying, warping, crumbling, rusting, corroding, rotting or perforation.

The landlord-specific language is § 182-8C: in leased premises where appliances or furnishings are supplied by the lessor, in whole or in part, the Subsection B standard applies to those items too. Exterior surfaces not inherently resistant to substantial deterioration must be periodically treated with a protective coating of paint or other suitable preservative when necessary (§ 182-8D(1)), and repair materials must be of like nature, grade and quality as the existing surface (§ 182-8D(2)).

Other Chapter 182 sections reach tenants and landlords. Section 182-9C requires screening of No. 15 mesh or finer on exterior ventilation openings in occupied rented dwelling units, up to and including the third story, from June 1 to October 1 in each year. Section 182-10 requires covered garbage containers in every dwelling, assigns owners of multiple dwellings the duty to provide receptacles, and bars storing garbage or rubbish in any public hall or stairway of a dwelling with two or more living units. Section 182-11 treats a building unoccupied for more than six months with broken, removed, boarded or sealed openings as an unoccupied hazard. This page covers the Code of the Village of Hamburg only, not the surrounding Town of Hamburg.

Violations & Fines

Offenses against Chapter 182 are violations under § 182-14, punishable on conviction by a maximum fine of $250 or imprisonment of not more than 15 days, or both. Under § 182-12, when an unoccupied building has open entry points, the Code Enforcement Officer serves a notice directing the owner to enclose it within four days of service, and the Village can do the work and recover the cost by action or local assessment.

Frequently Asked Questions

What condition must a rental be kept in under the Village of Hamburg Code?
Section 182-8B requires exterior and interior surfaces, including foundations, roofs, floors, walls, ceilings, doors, windows and fixtures, to be maintained in a clean, safe and sanitary manner and free of substantial deterioration. The standard applies to occupied and vacant residential buildings alike under § 182-5.
Is the landlord responsible for appliances and furnishings the landlord supplies?
Yes. Section 182-8C applies the Subsection B standard to appliances or furnishings supplied by the lessor, in whole or in part, in leased premises. Those items must be clean, safe and sanitary and free of substantial deterioration, the same as the building surfaces.
When do rented dwelling units need window screens in the Village of Hamburg?
Section 182-9C requires screening of No. 15 mesh or finer on exterior ventilation openings in all occupied rented dwelling units, up to and including the third story, from June 1 to October 1 in each year. Where mechanical ventilation is supplied, screens are required only in areas using natural ventilation.
What is the penalty for violating the property maintenance chapter?
Section 182-14 makes any offense against Chapter 182 a violation. On conviction, the person is punishable by a maximum fine of $250 or imprisonment of not more than 15 days, or both. The Code Enforcement Officer is the official the chapter names for enforcement steps such as sealing unoccupied buildings.

Sources & Official References

Other rules in Hamburg Village

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