New Paltz Town, N.Y., Code of Ordinances ch. 110 (eCode360 ed. 2026) § 110-3
Definitions
Operative Text
As used in this chapter, these terms shall have the following meanings: ACTION OR PROCEEDING A legal action or proceeding instituted in a court of competent jurisdiction to enforce this chapter. ACCESSORY DWELLING/APARTMENT That part of a single-family dwelling consisting of one or more rooms containing at least one bathroom and one kitchen and arranged to be occupied by an individual or individuals, which room or rooms are separated and set apart from all other rooms within the single-family dwelling. BED-AND-BREAKFAST ESTABLISHMENT An owner-occupied dwelling affording overnight accommodations for paying, transient guests that provides limited food services and is limited to five guest bedrooms. Bed-and-breakfast establishments are subject to the requirements as set forth in Chapter 140 of the Town Code. BUILDING Any structure having a roof supported by columns or walls used for, or intended to be used for, the shelter or enclosure of persons, animals, or property. As used in this chapter, the term "building" shall include a structure erected for such purpose. BUILDING DEPARTMENT The Building Department of the Town of New Paltz, which includes, where appropriate, the Building Inspector, Code Enforcement Officer or any other official charged by the Town Board with administration or enforcement of the provisions of this chapter. BUILDING CODE or NYS FIRE AND BUILDING CODE The Uniform Fire Prevention and Building Code of the State of New York, as amended from time to time. CONTACT INFORMATION The name, residential address and mailing address, business telephone number, home telephone number, cell telephone number, fax number and e-mail address of an owner, or other designated individual required to provide contact information by this chapter, and, if such owner is a corporation or other business entity, and a managing agent or other designated individual authorized to accept service of process on behalf of the entity is not designated at the time of registration, the name and address of such entity and the name and residential and business address, together with the business telephone number, cell phone number, fax number and e-mail address, of the president and of the treasurer of such corporation or organization. DESIGNATED LOCAL CONTACT PERSON A natural person, 18 years of age or over, who is an owner or representative of the owner, and who resides within 15 miles of a Town boundary upon whom process may be served on behalf of the owner. DWELLING UNIT A building or portion thereof providing complete housekeeping facilities for one family. FAMILY One person or two or more persons related by blood, marriage, or adoption or not more than five persons not necessarily related by blood, who live together in a single dwelling unit and maintain a common household. LIVING ACCOMMODATION A dwelling or premises or portion thereof with a bed or beds and bathroom facilities for the use of the person or persons occupying the dwelling, premises, or portions thereof. MONETARY COMPENSATION Payment by cash, check, money order, credit card, Bitcoin, barter, promise to pay at a future date, or other valuable consideration. MULTIFAMILY DWELLING A dwelling containing three or more dwelling units and occupied or designed for occupancy by three or more families living independently from each other. NONOWNER-OCCUPIED SHORT-TERM RENTAL A building in which its owner or lessee does not actually reside or in which its owner or lessee actually resides for less than nine calendar months during each calendar year, a portion of which is occupied by one or more persons as a short-term rental as such term is defined in this chapter, whether or not such owner or lessee actually resides within such building during all or any portion of the period of short-term rental. OCCUPANT The premises owner of record filed in the Ulster County Clerk's Office or other permanent resident(s) of the premises occupying living accommodations. OFFER TO RENT To personally or through an agent, referral service, representative or other entity or person, communicate or advertise, verbally, in writing, or through electronic means or otherwise, including the Internet, the availability for rental, license, or similar use of any living accommodations, or to knowingly allow, commission, authorize, or permit such communication or advertisement. ONE-FAMILY OR TWO-FAMILY DWELLING A building designed or used principally as the living quarters for one or two families. For purposes of this chapter, the term "dwelling" includes a building used as a "one-family dwelling" or "two-family dwelling" and any accessory buildings located on the same lot or parcel of land, but shall be deemed to exclude buildings or portions of buildings lawfully used for "multifamily dwelling," "multiple dwelling," "dwelling group" or "condominium unit" and buildings lawfully used for "motel," "hotel" or other commercial accommodations used for more-or-less transient occupancy, whether or not units in such buildings are rented or offered for rent. The use of a one- or two-family dwelling as a "boardinghouse," "rooming house" or "fraternity/sorority house" as those terms are defined by Chapter 140 of the Town Code, or as a similar use, is not permitted. OWNER Any individual or individuals, partnership, corporation, limited liability company or other organization, whether for-profit or otherwise, in whose name record title to a property or building is held by deed, contract of sale or judicial determination. Except for purposes of defining an "owner-occupied building," the term "owner" shall include a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation in control of the property and with the power to exclude others. OWNER-OCCUPIED BUILDING A. A building or structure containing one or two dwelling units within which at least one natural person in whose name record title to the property or building is held has established and maintains his or her primary residence and actually resides therein for at least nine calendar months during each calendar year. Upon request of the Town of New Paltz, any owner who claims to occupy a dwelling unit in such building shall provide an affidavit providing sufficient information to demonstrate the basis for his or her claim that the premises are owner-occupied. B. For purposes of this definition, the following shall apply: (1) Trusts. If legal title to the property is held by one or more trustees, the beneficial owner or owners shall be deemed to be the owner; (2) Corporation. If legal title to the property is held by an S-corporation or by a C-corporation, a shareholder of such corporation who has established and maintains such property as his or her primary residence and actually resides therein shall be deemed to be the owner; (3) Partnership. If legal title to the property is held by a partnership, one or more of the partners thereof who has established and maintains such property as his or her primary residence and actually resides therein shall be deemed to be the owner; (4) If legal title to the property is held by a limited partnership, one or more of the partners thereof who has established and maintains such property as his or her primary residence and actually resides therein shall be deemed to be the owner; and (5) Where a person is the owner of a present interest in the property under a life estate and has established and maintains such property as his or her primary residence and actually resides therein, such person shall be deemed to the owner. OWNER-OCCUPIED SHORT-TERM RENTAL An owner or lessee's primary residence in which such owner or lessee actually resides for at least nine calendar months during each calendar year, a portion of which is occupied by one or more persons as a short-term rental as such term is defined in this chapter. PERMANENT A period of 30 nights or more. PREMISES Immovable property owned or leased by the premises owner or lawful lessee, as applicable. PREMISES OWNER A person having lawful ownership title or interest in the premises. PRIMARY RESIDENCE The property an individual permanently occupies for the sole purpose of a private dwelling in which such individual actually resides for at least nine calendar months during each calendar year. The primary residence may be documented by the address listed on the individual's federal and state tax returns or NYS Star Exemption Status. A person shall be deemed to have one primary residence. RESIDENCE or RESIDENTIAL A building designed or used as a one- or two-family building or any part of a building which contains living and sleeping accommodations for permanent occupancy as a dwelling unit, but not a multifamily building subject to the Multiple Residence Law , a residential condominium, or a lawfully established residential use containing more than two dwelling units or intended for transient dwelling, such as a hotel, motel, dormitory or hospital; or that part of a mixed-use building that is used for nonresidential uses. RESIDENTIAL RENTAL PROPERTY A parcel or tract of land with a building containing one or two single-family dwelling unit(s) with living, kitchen, sanitary and sleeping facilities for a family, which units are rented by, or offered for lease or rental by, an owner or owners who does not reside in one of the dwelling units or sleeping units on the property to any individual(s) or any entity, whether rented by verbal contract or written contract (lease) for agreed terms. SLEEPING UNIT A single unit providing rooms or spaces for one or more persons that includes permanent provisions for sleeping and can include provisions for living, eating and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. SHORT-TERM RENTAL A dwelling unit, including but limited to a house, apartment or living accommodation, that is rented, in whole or in part, to any person or entity for a period of 29 consecutive nights or less. "Rental" means an agreement or license, written or oral, granting use or possession of a residence, in whole or part, to a person in exchange for monetary compensation. "Short-term rental" shall also mean the selling of shares, time-share ownership or the establishing of other ownership, tenancy or use arrangement in which a person obtains a right of occupancy in all or any portion of a residential dwelling unit. TRANSIENT A period of 29 nights or less. VACANT RESIDENTIAL BUILDING (VRB) A building containing one or two single-family dwelling unit(s) with living, kitchen, sanitary and sleeping facilities for a family, which is not occupied for more than six months, except in the case of a building which is unoccupied due to damage caused by an act of God in which case such building shall become vacant if unoccupied or unused for more than nine months. A two-family residential building shall not be deemed vacant if one of the dwelling units is occupied.
Section 110-3 of New Paltz Town Code Chapter 110 establishes the official definitions that govern how key terms are interpreted throughout the chapter's rental and housing regulations. Terms such as 'short-term rental,' 'owner-occupied building,' 'primary residence,' and 'monetary compensation' are given specific, bounded meanings that may differ from everyday usage. These definitions set the interpretive foundation for all registration requirements, enforcement actions, and exemptions that appear elsewhere in Chapter 110.
Plain English — not legal advice.
Property owners and managers operating under Chapter 110 should familiarize themselves with the precise definitions in § 110-3, since terms like 'owner-occupied building' and 'primary residence' carry specific residency-duration thresholds—generally nine calendar months per calendar year—that determine which regulatory categories apply to a given property. Operators who hold title through a trust, corporation, or partnership should note that § 110-3 contains special rules for determining who qualifies as the 'owner' for purposes of owner-occupancy status. Compliant operators typically maintain documentation—such as tax returns or NYS STAR Exemption records—that can substantiate primary-residence claims if the Town of New Paltz requests an affidavit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in or considering a rental in New Paltz should be aware that § 110-3 defines terms like 'short-term rental,' 'permanent,' and 'transient' in ways that directly affect what protections and obligations apply to their living arrangement. For example, a rental of 30 or more consecutive nights is classified as 'permanent' under this section, while 29 nights or fewer is 'transient,' and these distinctions can affect how the rest of Chapter 110 applies to a tenancy. Tenants who believe a property is being misclassified or that definitions are being applied incorrectly may wish to consult a tenant-rights organization or review the full text of Chapter 110 for context on how these definitions interact with enforcement provisions.
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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