Resources

Unsafe–Unfit Declarations

A unit or building may be declared Unsafe–Unfit when conditions make it uninhabitable. This means tenants cannot remain in the unit until serious violations are corrected.

The City of Albany may issue an Unsafe–Unfit declaration if any of the following conditions exist:

  • No heat (September 15 – May 31)
  • No electricity
  • Missing or non-functioning fire alarms or smoke detectors
  • Excessive garbage or debris posing a health risk
  • Structural instability in the unit or building
  • Severe pest infestations
  • Electrical hazards that pose immediate danger
  • Blocked or missing exits in buildings with public spaces or four or more residential units/floors
  • Proximity to an adjacent unsafe structure

When a building is declared Unsafe–Unfit:

  • A Code Enforcement Officer will notify tenants of the declaration
  • Tenants are not forcibly removed unless there is an immediate threat to safety—in which case, police may intervene
  • If you are displaced due to an Unsafe–Unfit order, contact United Tenants of Albany (UTA) immediately or visit our office for support.
  • Thanks to funding by Assemblywoman Gabriella Romero, UTA is able to provide limited support for tenants displaced due to USUF declarations.

Residential Occupancy Permits (ROPs)

*Applicable to the City of Albany only*

Residential Occupancy Permits (ROPs) are designed to ensure that rental units are safe and that the City of Albany has up-to-date contact information for property owners in case of emergencies. ROPs are valid for two years.

An ROP is essentially a basic safety inspection. Code enforcement officers check for:

  • Proper placement of smoke and carbon monoxide detectors
  • Safe entry and exit routes
  • Overall cleanliness, safety, and security of the unit

If your unit does not have a valid ROP, your landlord cannot legally evict you for non-payment of rent. You are protected from non-payment evictions until the unit is brought into compliance and a valid ROP is issued.

Important Note: While landlords cannot evict you for non-payment without an ROP, they can sue for “fair use and occupancy” in small claims court to recover some rent.

If your unit does not have an ROP, or you’re unsure, you should:

Landlord and Tenant Responsibilities

As a tenant, you have important rights that protect your safety, privacy, and access to essential services—and you also have responsibilities to help maintain a safe and respectful living environment. This guide outlines what landlords are required to provide and what’s expected from you as a tenant, so you can better navigate your rental experience.

Landlord Responsibilities:

  • Landlords must provide clean and sanitary living conditions in both common areas and individual apartments.
  • In buildings with two or more units, landlords must respect shared public areas.
  • Adequate heat must be provided from October 1 to May 31.
  • Landlords have a duty to maintain the property, including general repairs and utilities.
  • All services to the unit (e.g., water, electricity, gas) must be properly connected.
  • Tenants have a right to privacy, which includes receiving at least 24 hours’ notice before a landlord enters the unit—except in emergencies.
  • Landlords must ensure basic security, including functioning door locks and proper lighting.
  • Reasonable apartment sharing must be allowed for a limited time.
  • Landlords must make reasonable accommodations for tenants with disabilities, unless doing so would impose an undue financial burden.
  • Landlords may not discriminate against tenants.
  • Lockouts or evictions can only occur with a court order and judgment.
  • If an eviction occurs, landlords must store the tenant’s belongings in a dry and secure location for a reasonable period (typically 30 days).
  • If a tenant moves out before the lease ends, the landlord must make a good-faith effort to re-rent the unit and provide receipts before seeking reimbursement from the tenant for any losses.
  • When a building is sold, the landlord must notify tenants of the new owner’s name and address.
  • The landlord must also transfer any security deposit and prepaid rent to the new owner.

Tenant Responsibilities:

  • Tenants must maintain a clean and safe living environment.
  • Tenants must promptly report needed repairs or any damage beyond normal wear and tear.
  • Rent should be paid within the first five days of each month. Note: Late fees may not exceed $50 or 5% of the monthly rent, whichever is less.
  • Tenants must allow the landlord access to the unit with at least 24 hours’ notice, except in emergencies requiring immediate entry.
  • Apartments should not be overcrowded (generally defined as more than 1.5 people per room).
  • Tenants must follow the lease terms, unless contradicted by state law.
  • Tenants may be required to cover reasonable costs for accommodations related to a disability.
  • If tenants change the locks, they must provide the landlord with a copy of the new keys.
  • Pet deposits may be required, depending on the lease agreement.