Horseheads, N.Y., Code of Ordinances ch. 188 (eCode360 ed. 2026) § 188-4
Scope, applicability and exceptions
Operative Text
A. The provisions of this chapter shall apply to the maintenance, repair, use and occupancy of all residential rental buildings and structures now in existence or hereafter constructed, rehabilitated, renovated or converted to residential rental use within the Village limits, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which it is located, except those residential rental buildings and structures specifically excluded from the provisions of this chapter. Any structure that was in compliance with this chapter on the day previous to the adoption of this chapter will be allowed to remain, except if: (1) Such structure is substantially damaged by fire or other causes; (2) Any state, county or local code requires changes to existing structures. B. The legal occupancy of any residential rental building or structure existing on the date of adoption of this chapter shall be permitted to continue without change, except such changes as are specifically required to be made, from time to time, to existing rental buildings or structures in this chapter, the New York State Rental Housing Law, the New York State Building Code, the Property Maintenance Code of New York State or the Fire Code of New York State. C. Nothing in this chapter shall be deemed to change the validity of or requirements for a certificate of occupancy under the Building Code of New York State. D. Exceptions. The provisions of this chapter do not apply to: (1) Buildings, structures and uses owned and operated by any governmental unit or governmental agency, including the State of New York or the County of Chemung. (2) Single-family dwellings occupied by a record title holder. (3) Transient shelters subject to state inspection and group homes subject to state inspection. (4) Residential structures of which ownership passes to a governmental unit. (5) Hotels or motels or any commercial business operating exclusively for and catering to transient clientele: that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel operation. For the purposes of this chapter, "short duration" shall be defined as not more than 21 consecutive days. This exception shall not apply to any hotel or motel whose primary purpose is to provide permanent residences to their customers. For the purpose of this chapter, "permanent residence" shall be defined as more than 21 consecutive days. (6) Tourist homes or bed-and-breakfast dwellings. (7) Nursing homes, intermediate care nursing homes or convalescent dwellings. (8) Agricultural worker housing. E. Where a nonresidential business or activity or a state-licensed or state-approved use occupies a portion of a building and the building contains premises which would otherwise be subject to this chapter, this chapter shall be and remain applicable to the residential and common or public areas of such building and premises.
Section 188-4 of Horseheads, N.Y., Code of Ordinances Chapter 188 defines the reach of the village's residential rental regulations. The chapter covers virtually all residential rental buildings within village limits—whether newly built, rehabilitated, or converted—but carves out specific categories such as government-owned properties, owner-occupied single-family homes, transient hotels and motels (for stays of 21 consecutive days or fewer), bed-and-breakfasts, nursing homes, and agricultural worker housing. Buildings that were already in compliance before the chapter's adoption may generally continue as-is, unless substantially damaged or required to change by state, county, or local code. In mixed-use buildings, the residential and common areas remain subject to the chapter even if a nonresidential business occupies part of the structure.
Plain English — not legal advice.
Operators of residential rental properties in Horseheads should confirm whether their buildings fall within the scope of § 188-4 before assuming they are covered or exempt. Compliant operators typically review the enumerated exceptions—including the 21-consecutive-day threshold distinguishing transient from permanent hotel/motel occupancy—to determine whether their property type qualifies for an exclusion. Those managing mixed-use buildings generally treat the residential and shared common areas as fully subject to Chapter 188 even when a commercial tenant occupies another portion of the same structure, and they stay current with any changes required by the New York State Rental Housing Law, Building Code, Property Maintenance Code, or Fire Code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Renters living in Horseheads should be aware that § 188-4 extends Chapter 188's protections to nearly all residential rental buildings within village limits, including units in mixed-use buildings. If a landlord claims a property is exempt, tenants can review the specific exceptions listed in § 188-4(D) to assess whether that claim appears consistent with the ordinance's text. Tenants who believe the chapter applies to their building and that its standards are not being met may consider contacting the Village of Horseheads code enforcement office, consulting a local tenant-rights organization, or raising the applicability of Chapter 188 as part of any relevant housing complaint process.
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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