Niskayuna, N.Y., Code of Ordinances ch. 139 (eCode360 ed. 2026) § 139-3

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
NiskayunaStatutory Standards

Operative Text

Niskayuna, N.Y., Code of Ordinances ch. 139 (eCode360 ed. 2026) § 139-3
As used in this chapter, the following terms shall have the meanings indicated: ABANDONED OR UNOCCUPIED BUILDING A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by the Code Administrator and his or her designees. ANIMAL FEED Food or other material used as a food for any animal. BUILDING Any structure that is permanently affixed to the land, has one or more floors and a roof, and is intended for the shelter, housing or enclosure of persons, animals or chattel. BUILDING INSPECTOR An appointed Building Inspector of the Town of Niskayuna. DEFAULT When a mortgagor is 90 days past due of the mortgagor's obligation to make a scheduled payment under a mortgage or a mortgage note. FORECLOSED PROPERTY Property for which a new deed has been recorded with the Schenectady County Clerk following the foreclosure process. JUNK Discarded, broken, or disabled material including, but not limited to, furniture, appliances, toys, or other items that are not in functioning condition. LITTER Discarded waste materials, including but not limited to, paper wrappings, packaging materials, discarded or used bottles, and discarded or used cans. MORTGAGEE The creditor, including, but not limited to, service companies, lenders in a mortgage agreement and agent, servant, or employee of the mortgagee, or any successor in interest, and/or assignee of the mortgagee's rights, interests or obligations under a mortgage. MOTOR VEHICLE All vehicles propelled or drawn by power other than muscular power originally intended for use on public highways. NOTICE OF DEFAULT A recorded notice that a default has occurred under a mortgage and the mortgagee intends to initiate foreclosure proceedings under New York State Real Property Actions and Proceedings Law (RPAPL) § 1301 et seq. OWNER Any person or legal entity identified as the property's owner of record in the records of the Town of Niskayuna Assessor's Office, or a mortgagee or mortgagor in possession of the property, or an assignee of rents, a receiver, an executor, a trustee, a lessee, or any other person or legal entity in control of the premises. Any such person shall be jointly and severally obliged to comply with the provisions of this article. PROPERTY Any improved real property or portion thereof, including all buildings or structures located on the property. REGISTRATION FORM The registration form that is available in the Building Department. RPAPL New York State Real Property Actions and Proceedings Law . STRUCTURE A building or structure which is not currently inhabited or occupied and to which access to the interior thereof may be gained by reason of open, unlocked, or broken windows or doors, or because of other physical deterioration or damage thereto. TRASH Waste food products and other household garbage. UNSECURED BUILDING A building or portion thereof which is open to entry by unauthorized persons without the use of tools or ladders. VACANT BUILDING A building or portion thereof which is: A. Unoccupied and unsecured; B. Unoccupied and secured by other than normal means; C. Unoccupied and an unsafe building as determined by the Code Enforcement Officer or his or her designees; D. Unoccupied and has multiple housing or building code violations; or E. Unoccupied in violation of one or more of the provisions of this article. VERMIN Various small animals, such as rats, that may be destructive or injurious to health. YARD A space unoccupied by structures on the same lot with a building or structure.
Source: Legislative text reproduced verbatim
Plain English

Section 139-3 of Niskayuna, N.Y., Code of Ordinances ch. 139 establishes the official definitions that govern how key terms are interpreted throughout the entire chapter on property maintenance and registration. Words like "owner," "vacant building," "mortgagee," and "foreclosed property" carry specific legal meanings under this section that may differ from everyday usage. These definitions set the scope of who bears responsibility and what types of properties and conditions fall under the chapter's requirements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 10, 2026

Plain English — not legal advice.

For Property Managers

Under § 139-3, the definition of "owner" is notably broad, encompassing not just the record owner on file with the Niskayuna Assessor's Office but also mortgagees, mortgagors in possession, receivers, trustees, lessees, and others in control of a property — all of whom are jointly and severally obligated to comply. Operators and property managers should be aware that a building can qualify as a "vacant building" under multiple conditions, including being unoccupied with code violations or secured by non-standard means. Familiarity with these definitions in § 139-3 helps ensure that compliance obligations are correctly identified before any maintenance, registration, or foreclosure-related situation arises.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 139-3 defines terms that determine whether a building is considered "abandoned," "vacant," or "unsecured" under Niskayuna's code, which can directly affect the conditions tenants may encounter in rental housing. Because "owner" is defined broadly to include various parties in control of a property, tenants who experience neglected or deteriorating conditions may have recourse against more than just the named landlord of record. Tenants who believe their building meets one of the defined problem categories — such as having multiple housing code violations — may consider contacting the Niskayuna Building Department or a local tenant-rights organization to understand what options ch. 139 makes available.

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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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References Out

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References In

Rules and statutes that cite this regulation

Niskayuna Code § 139-12
Niskayuna Code § 139-14

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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