Johnstown, N.Y., Code of Ordinances ch. 237 § 237-3
Definitions
Operative Text
MANAGING AGENT Any individual or individuals, partnership or corporation or any similar type of business organization who accepts responsibility for and control of a building. OWNER Any individual or individuals, partnership or corporation or any similar type of business organization, whether for profit or otherwise, in whose name title to a building stands, including a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the property. PROCESS A summons or any notice, mandate or any other paper process issued under any provision of the Code of the City of Johnstown or any law or regulation of the State of New York. RENTAL PROPERTY Any building containing residential units which are either rented, leased, let or hired out to be occupied for residential or mixed use (commercial-residential), and are non-owner occupied. For any rental property to be considered owner-occupied, the owner must prove that all individual owners, all partners, or all shareholders of a corporation actually have their principal residence at the rental property and reside therein on a full-time basis, it being the actual domicile of all individual owners, all partners, or all shareholders. At the request of the City, any owner who claims to occupy the rental property shall provide a sworn affidavit providing the necessary information to support his or her claim that the premises are owner-occupied. RENTAL UNIT A residential unit occupied by a party other than an owner. RESIDENTIAL UNIT One or more rooms with provision for sanitary and sleeping facilities, for food preparation, for living and for working. TENANT A party whose right to possession of a rental unit is subject to the express or implied consent of the owner.
Section 237-3 of Johnstown, N.Y., Code of Ordinances Chapter 237 establishes the core vocabulary used throughout the city's rental property regulations. It defines key terms such as 'Owner,' 'Managing Agent,' 'Rental Property,' 'Rental Unit,' 'Residential Unit,' and 'Tenant,' setting the boundaries for who and what falls under the ordinance's scope. Notably, a property is only considered 'owner-occupied'—and thus potentially outside the definition of 'Rental Property'—when every owner, partner, or shareholder maintains their full-time principal residence there, and the city may require a sworn affidavit to verify that claim.
Plain English — not legal advice.
Under § 237-3 of Johnstown's Code of Ordinances Chapter 237, the definition of 'Owner' is intentionally broad, encompassing not just titleholders but also mortgagees in possession, receivers, trustees, lessees, and agents who exercise control over a property. Operators who wish to claim owner-occupied status must be prepared to demonstrate that every individual owner, partner, or corporate shareholder actually lives at the property full-time as their principal domicile—and to provide a sworn affidavit to the City upon request. Designating a 'Managing Agent' under this section also carries legal weight, as that agent formally accepts responsibility and control of the building.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 237-3 of Johnstown, N.Y., Code of Ordinances Chapter 237 defines a 'Tenant' as any party whose right to possess a rental unit depends on the express or implied consent of the owner, and a 'Rental Unit' as any residential unit occupied by someone other than an owner. Understanding these definitions matters because the protections and obligations established elsewhere in Chapter 237 apply specifically to rental units and rental properties as defined here. Tenants who believe a landlord is misrepresenting a property as owner-occupied to avoid coverage under the ordinance may wish to consult a local tenant-rights organization or contact the City of Johnstown directly about the sworn affidavit process described in this section.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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