Rochester, NY Rental Property Rules: Relocation Assistance (2026)

Rochester's lead-based paint hazard reduction rules, in Article III of the Property Conservation Code, require more than notice to tenants before a landlord's contractor disturbs lead paint. Under § 90-59(A)(2), occupants must be temporarily relocated during hazard reduction activities and kept out of their unit until a clearance examination confirms the work is done; if the unit they relocate to isn't owned by their own landlord, they are not liable for rent accruing during that relocation period. The Code carves out four narrow situations where relocation is not required: work that won't disturb lead-based paint or dust/soil-lead hazards, exterior-only treatment where openings are sealed and the area is left dust-free, interior treatment finished within a single eight-hour daytime period with the site contained, or interior treatment completed within 15 calendar days with daily cleanup and occupants retaining safe access to sleeping, bathroom and kitchen areas.

Beyond the relocation and rent protections, § 90-59(A)(4) gives tenants a lease-termination right: if interior hazard reduction work is not completed within 60 calendar days, occupants may terminate their lease and owe no further rent under that agreement, though they still must pay any rent that had already accrued before that point. The same section requires the worksite and occupants' belongings to be secured, either by relocating belongings out of the containment area or covering them with sealed, impermeable coverings. This relocation and rent-relief regime applies specifically to lead hazard reduction work, layered on top of the separate notice-to-tenants requirements in § 90-58(D), which require written notice at least three business days before work begins and a copy of the lead hazard information pamphlet for every tenant in the building.