East Rochester, N.Y., Code of Ordinances ch. 144 (eCode360 ed. 2026) § 144-2
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Operative Text
As used in this chapter, the following terms shall have the meanings indicated: BUILDING CODE The New York State Uniform Fire Prevention and Building Code. CODE ENFORCEMENT OFFICER The Building Inspector, Fire Marshal or Fire Inspector of the Town/Village of East Rochester or his or her delegates or assistants. DWELLING UNIT A structure or building or part thereof or an area, room or rooms therein, occupied or to be occupied by one or more persons as a home or residence. OWNER The owner or any other person having the right to control the possession of a dwelling unit. PUBLIC NUISANCE VIOLATION A violation of New York State law or this Code as follows: § 144-13 of this chapter; New York Penal Law Article 20 , assault and related offenses; Penal Law §§ 165.40 to 165.65 , criminal possession of stolen property; Penal Law Article 220 , controlled substances offenses; Penal Law Article 221 , offenses involving marihuana; Penal Law Article 240 , offenses against public order; Penal Law §§ 260.20 and 260.21 , unlawfully dealing with a child; Alcoholic Beverage Control Law § 90 , Special permits, § 100, alcoholic beverages generally; provided, however, that the grounds for determining a substantial risk to public safety or a repeated public nuisance violation for the purposes of § 144-13A(4) or (5) of this chapter does not include any request for police protection or any police intervention in the face of a threat or a perceived threat to person or property, or any request for the assistance of the police to enforce a court order, including, but not limited to, circumstances in which the conviction, request for assistance or other police intervention arises from an incident relating to domestic violence, dating violence, sexual assault or stalking against any person at or near the premises. RENT A return, in money, property or other valuable consideration (including payment in kind or for services of other thing of value), for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.
Section 144-2 of East Rochester, N.Y., Code of Ordinances ch. 144 establishes the foundational definitions that govern the entire rental-occupancy chapter. Key terms include 'Dwelling Unit' (any structure or space used as a home or residence), 'Owner' (anyone with the right to control possession of a unit), 'Rent' (any form of compensation for use of a dwelling, regardless of whether a formal landlord-tenant relationship exists), and 'Public Nuisance Violation' (a defined set of state-law or local-code offenses). Notably, the definition of Public Nuisance Violation explicitly excludes calls for police protection related to domestic violence, dating violence, sexual assault, or stalking from being counted as grounds for a substantial-risk or repeated-nuisance finding under § 144-13.
Plain English — not legal advice.
Property owners and managers operating in East Rochester should be familiar with the definitions set out in § 144-2, because these terms shape how the rest of ch. 144 applies to their properties. The broad definition of 'Owner'—covering anyone with the right to control possession—means that responsibilities under the chapter can extend beyond the titleholder to agents or managers. Compliant operators generally ensure they understand which conduct qualifies as a 'Public Nuisance Violation' under § 144-2, while also recognizing that tenant calls for police assistance in domestic-violence or similar situations are expressly excluded from that category.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in East Rochester benefit from understanding the definitions in § 144-2, particularly the protective carve-out within the 'Public Nuisance Violation' definition. Under that provision, a tenant's request for police help in response to domestic violence, dating violence, sexual assault, or stalking cannot be used as a basis for a substantial-risk or repeated-nuisance finding against the household under § 144-13. Tenants who believe this protection is relevant to their situation may wish to consult a tenant-rights organization or legal aid provider familiar with ch. 144 for general information about how these definitions operate in practice.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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