RESPONSIBILITY OF OWNERS AND OCCUPANTS

Columbus City Codes tit. 45, ch. 4551

in effect

Columbus City Codes § 4551.01 Responsibility of owner.

4551.01 - Responsibility of owner. Responsibilities of owners and occupants include, but are not limited to, the following areas: (a) Access to unit. Every owner of a dwelling or dwelling unit shall give the occupant thereof reasonable advance notice before entering for the purpose of making necessary repairs, alterations, or maintenance inspections. (b) Garbage disposal and rubbish storage. Every owner of a dwelling or dwelling unit shall provide and maintain adequate garbage disposal and rubbish storage receptacles for dwellings containing three (3) or more dwelling units or a suitable location for these receptacles for dwellings containing one (1) or two (2) dwelling units. (c) Plumbing. The owner shall provide and maintain all water-heating and plumbing facilities as required by this Code. (d) Electricity. The owner shall provide and maintain all electrical power lines, outlets, fixtures, and other facilities required by this Code and is responsible for proper fusing. (e) Heating. Every owner shall maintain the temperature required by this Code whenever operation of the heating facilities of the dwelling or dwelling unit are under his control. (f) Pest elimination. The owner is responsible for elimination of any insects, rats, or other pests in a dwelling containing two (2) or more dwelling units and on the premises thereof. He is also responsible whenever the infestation is caused by improper ratproofing of the premises. (g) Clean and sanitary maintenance. The owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the dwelling and the premises thereof. (h) Fire prevention. The owner is responsible for fire prevention requirements under Section 4525.09. (i) Rat-proofing. The owner shall maintain a dwelling in a rat-proof condition under the requirements in Section 4525.11. (j) Space requirements. No owner shall knowingly let any dwelling or dwelling unit for occupancy which does not meet the minimum requirements for floor space and occupancy as set by this Code. (k) Other requirements. The owner shall provide and maintain all required screening except where there is a written agreement between the owner and the occupant which places this responsibility on the occupant. (l) Every owner of a dwelling shall provide to each tenant in writing and post by the fuse box, heating equipment, mailbox or other obvious central location in each dwelling his name, address, and business and residence telephone numbers or those of his agent or resident manager to whom the owner assigns responsibility for the maintenance of the dwelling. A post office box number shall be unacceptable for the address requirement of this provision. (m) Every owner shall be responsible for compliance with the standards set forth in this Code except those sections specifically designated to the occupant. (Ord. 356-75; Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4551.02 Responsibility of occupant.

4551.02 - Responsibility of occupant. Access to unit (a) Upon reasonable advance notice every occupant or person in control of a dwelling or dwelling unit shall give the owner thereof access to any part of such dwelling or dwelling unit for the purpose of making necessary repairs, alterations, or maintenance inspections. (b) Garbage disposal and rubbish storage. The occupant of dwellings containing one or two dwelling units shall provide and maintain adequate garbage disposal and rubbish storage receptacles. (c) Plumbing. The occupant shall keep all plumbing fixtures such as toilets, basins and sinks in a clean and sanitary condition and avoid the deposit of any material which may obstruct and interfere with the proper function thereof. (d) Electricity. The occupant is responsible for proper usage of all electrical power lines, outlets, fixtures, other facilities required by this Code, proper extension cord usage, and proper fusing. (e) Heating. The occupant shall regulate the heating facilities to maintain above freezing temperatures at all times in all portions of the dwelling or dwelling unit within the functional capability of the equipment whenever these heating facilities of the dwelling or dwelling unit are under his control. (f) Pest elimination. The occupant is responsible for elimination of any insects, rats, or other pests within that part of the premises occupied and controlled by the occupant in a single family dwelling or in a dwelling containing two (2) or more dwelling units if his unit is the only one infested unless infestation of the premises was caused by the improper rat-proofing. (g) Clean and sanitary maintenance. Every occupant of a dwelling or dwelling unit and premises thereof which the occupant occupies and controls shall keep the same in a clean and sanitary condition. In two family and row units, the yard area extending from the structure to the front and the rear which is adjacent and contiguous to each unit shall be construed to be the responsibility of the occupant of that unit. Clean and sanitary maintenance shall include, but not be limited to, keeping all floors and walking surfaces free of dirt, filth, garbage, human and animal waste, litter, refuse and other unsanitary matter and keeping all walls, ceilings, windows and doorways clean and free of dirt, greasy film, soot and other unsanitary matter. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish, garbage and ashes in the receptacles provided. Discarded or abandoned articles of such bulk as to preclude disposal in such receptacles shall be conveyed by the occupant to an appropriate municipal or approved private disposal area. (h) Fire prevention. Every occupant of a dwelling or dwelling unit responsible for fire prevention requirements regarding storage of flammable liquids and storage of materials as covered under Section 4525.09. (i) Rat-proofing. Where it is determined that rat infestation exists, no occupant of a dwelling or dwelling unit shall stack materials on the exterior of the premises, against the structure or any accessory structure or stack any materials unless such stack is elevated twelve inches from the ground. (j) Space requirements. Every occupant shall limit occupancy of that part of the premises which the occupant occupies or controls to the maximum permitted by this Code. (k) Other requirements. The occupant of any dwelling or dwelling unit shall not obstruct in any manner any required means of egress. (l) The occupant of any dwelling or dwelling unit shall not willfully destroy, deface, damage, impair or remove from the premises any of the facilities, equipment, appurtenances or any part of the structure thereof. (m) The occupant of a dwelling or dwelling unit is responsible for storing all medicines, cleaning fluids, poisons, and other household chemicals in a locked cabinet or by other means so as to make these substantially inaccessible to children. (Ord. 356-75; Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4551.03 Source of Income Discrimination

4551.03 - Source of Income Discrimination (a) No operator shall knowingly, based on the source of income of a prospective tenant or current tenant: (1) Refuse to lease or rent any real property to a prospective tenant or current tenant; (2) Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of real property or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of real property; (3) Attempt to discourage the rental or lease of any real property to a prospective tenant or current tenant; (4) Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this section; (5) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this section; (6) Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or (7) Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for a prospective tenant or current tenant's source of income, would be eligible to rent real property. (b) If an operator requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met. (c) Organizational criminal liability as provided for in Section 2301.23 is contemplated where an organization is an operator. (d) Whoever violates this section is guilty of Source of Income Discrimination, a misdemeanor of the first degree. (Ord. No. 0494-2021, § 1, 3-8-2021; Ord. No. 2019-2021, § 1, 7-26-2021)

Columbus City Codes § 4551.04 Renter's Choice

4551.04 - Renter's Choice (a) Renter's Choice. If an operator requires that a tenant pay a security deposit, no operator shall fail to provide written notice of the security deposit payment alternatives as described in this division. Prior to entering into a rental agreement, a tenant required to pay a security deposit shall either pay the required security deposit in full or select and subsequently fulfill one of the following rental security deposit payment alternatives: (1) payment of the security deposit over a series of no fewer than 3 monthly installment payments, which installments shall be due on the same day as the monthly rent payment and which may be paid together with the monthly rent payment in a single transaction, (2) payment of the security deposit over a series of no fewer than 6 monthly installment payments, which installments shall be due on the same day as the monthly rent payment and which may be paid together with the monthly rent payment in a single transaction, (b) This section shall not apply to any operator with fewer than 5 rental units. (c) The provisions of this section shall apply to any residential lease that is executed or renewed after the effective date of this ordinance. (d) Organizational criminal liability as provided for in Section 2301.23 is contemplated where an organization is an operator. (e) The offense established under division (a) of this section is a strict liability offense. (f) An operator who violates division (a) is guilty of failure to provide notice of renter's choice, a misdemeanor of the fourth degree. (g) Nothing in this section shall be construed so as to mandate that an operator require a tenant to pay a security deposit and nothing in this section shall be construed to prohibit the use of alternative lawful means of providing assurances as to the performance of the rental agreement and/or compensation for possible loss or damage to the rental property. (Ord. No. 0495-2021, § 1, 3-8-2021)

Columbus City Codes § 4551.05 Rental Receipt

4551.05 - Rental Receipt (a) Written rent receipt required. Except as otherwise provided in division (b), no operator shall fail to cause a tenant to be provided with a written receipt for any security deposit and for all rental payments at the time the deposit or payment is received. In the event of payment by cash or by any other means that does not provide an automatically generated written receipt, the receipt shall be provided within 4 business days of the security deposit or rental payment being received. (b) The provisions of this section shall not apply to any operator of permanent supportive housing properties. (c) Where an operator provides for payment of either a security deposit or rent through a third-party online portal or service, the ability of the tenant to obtain a written receipt through the portal or service accepting the payment shall constitute evidence of the provision of a receipt by the operator. (d) Organizational criminal liability as provided for in Section 2301.23 is contemplated where an organization is an operator. (e) The offense established under this section is a strict liability offense. (f) Whoever violates this section is guilty of failure to provide a rent receipt, a misdemeanor of the fourth degree. (Ord. No. 0496-2021, § 1, 3-8-2021)

Columbus City Codes § 4551.06 Third Party Tender.

4551.06 - Third Party Tender. (a) Except as otherwise provided in division (b), no operator shall refuse to accept tender on behalf of a tenant on the basis that the tender was proffered by a person other than the tenant. (b) Nothing in this section shall be construed as requiring an operator to accept tender on behalf of a tenant that is in breach or default of a written rental agreement or a tenant holding premises under an oral tenancy that is in default on the payment of rent. (c) An operator who violates division (a) is guilty of failure to accept tender, a misdemeanor of the fourth degree. (d) Organizational criminal liability as provided for in Section 2301.23 is contemplated where an organization is an operator. (e) If an operator refuses to accept third party tender on behalf of a tenant who is not in breach or default of a written rental agreement or a tenant holding premises under an oral tenancy that is not in default on the payment of rent as required by this section, the attempted tender by the third party shall be an affirmative defense in any eviction action filed against the tenant for non-payment of rent. (Ord. No. 2108-2023, § 2, 7-31-2023)

Columbus City Codes § 4551.07 Tenant's Right to Assert Tender of Rent as an Affirmative Defense to Eviction.

4551.07 - Tenant's Right to Assert Tender of Rent as an Affirmative Defense to Eviction. (a) Tenant's Affirmative Defense after Tendering Rent Prior to the Filing of an Eviction Action (1) If a tenant, or an agency or individual on the tenant's behalf, tenders all past due rent with reasonable late fees to the landlord prior to the filing of an action under Ohio Revised Code Chapter 1923 and the landlord refuses to accept the payment tendered, the tenant's tender of all past due rent with reasonable late fees shall be an affirmative defense to any action filed by the landlord against the tenant for nonpayment of rent. (b) Tenant's Affirmative Defense after Tendering Rent Prior to an Eviction Judgement (1) If a tenant, or an agency or individual on the tenant's behalf, tenders all past due rent with reasonable late fees and court costs to the landlord prior to a judgment and the landlord refuses to accept the payment tendered, the tenant's tender of all past due rent, reasonable late fees, and court costs shall be an affirmative defense to the eviction action filed by the landlord against the tenant for nonpayment of rent. (c) Effect upon other claims for eviction. A tenant's tender of payment pursuant to this section does not limit the ability of a landlord to initiate an eviction action for reasons other than solely for non-payment of rent. (Ord. No. 2109-2023, § 1, 7-31-2023)

Columbus City Codes § 4551.08 Access to Legal Services.

4551.08 - Access to Legal Services. (A) All Covered Individuals are eligible to receive legal services from a Designated Organization(s) in a Covered Proceeding once an action has been filed in a court of competent jurisdiction. The Designated Organization(s) must seek to provide Full Legal Representation unless the individual is ineligible for the Designated Organization's services due to a conflict of interest, a violation of any retainer agreement, or other circumstances make Full Legal Representation infeasible to render. (B) The access to legal services described in division (A) of this section is contingent upon additional Council action authorizing the appropriation and expenditure of funds for a contract between the city and a Designated Organization. (C) Provision of legal services by a Designated Organization for Covered Individuals in a Covered Proceeding shall be administered by the Department of Development or their designee. (D) Designated Organizations shall work with community partners to engage and educate tenants on their rights and available resources. (E) Any legal services performed by a Designated Organization(s) under this section shall not supplant, replace, or satisfy any obligations or responsibilities of that Designated Organization under any other program agreement or contract with the City. (F) Nothing in this chapter, or in the administration or application of this chapter, shall be construed to create a private right of action on the part of any person or entity against the City of Columbus or any agency, official, or employee of the City of Columbus, or any Designated Organization or any employees or agents of a Designated Organization (G) If any provision of this section or the enforcement of any provision is held to be invalid or unenforceable such finding shall not affect or render invalid or unenforceable any other provision of this section. To this end, each of the provisions of this section are severable. (H) On February 28th of each year, the Designated Organization shall submit a written report to Council detailing the number of Covered Individuals served, the extent of the legal services performed, metrics that evaluate the outcomes, and a summary of the engagement and education of tenants. (Ord. No. 3510-2024, § 2, 12-16-2024)

Columbus City Codes § 4551.071 Rent Increase Notification.

4551.071 - Rent Increase Notification. (A) No operator shall enter into or renew a written rental agreement for a unit to be offered for rent in the City of Columbus after January 31, 2025 that does not include a provision requiring at least 60 days' prior written notice to the tenant whenever the periodic or monthly rent to be charged a tenant is to increase by more than ten percent. (B) Division (A) shall not apply to a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household. (C) Any written rental agreement or renewal of a written rental agreement for a unit to be offered for rent in the City of Columbus after January 31, 2025 shall describe the terms and conditions of any monthly or periodic payments required as a condition of occupancy, including but not limited to: rent, security deposits, non-refundable move-in fee, last month's rent, parking fees, late fees authorized by the written rental agreement, or other monthly or periodic payments required to be made by the tenant to the operator. When any monthly or periodic tender is made pursuant to the written rental agreement, the operator shall first apply the payment to the rent due before applying it to other payments due by the tenant to the operator. (D) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000.00). (E) Organizational criminal liability as provided for in Section 2301.23 is contemplated for a violation of this Chapter. (F) Nothing in this section shall be interpreted or applied so as to create any power or duty in conflict with federal law. In the event of any conflict, federal requirements shall supersede the requirements of this section. (Ord. No. 3525-2024, § 1, 12-16-2024)

Columbus City Codes § 4551.081 Rulemaking.

4551.081 - Rulemaking. The Director of the Department of Development shall adopt rules and regulations to effectuate the Access to Legal Services policy. (Ord. No. 3510-2024, § 2, 12-16-2024)

Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT45HOCO_CH4551REOWOCFetched: 10/27/2026