Russell Gardens, N.Y., Code of Ordinances ch. 40A (eCode360 ed. 2026) § 40A-2
Definitions
Operative Text
All defined terms in § 60-2 of the Village Code shall be applicable herein unless stated otherwise. As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICER The Building Inspector or the Commissioner of Buildings of the Village of Russell Gardens or their delegates or assistants. DWELLING A building or structure designed for and occupied exclusively as a home or residence for one or more families, including multiple dwellings. OWNER The person who holds title to the dwelling or any other person or persons or entity or entities having the right to possession of a dwelling. RENT A return, in money, property or other consideration (including payment in kind or services or other thing of value), for use and occupancy or the right to the use and occupancy of a dwelling, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING A dwelling established, occupied, used or maintained for rental occupancy. RENTAL OCCUPANCY A. The occupancy or use of a dwelling by a person or persons other than the owner as defined herein as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. B. A rental occupancy is permitted only if the term of the rental occupancy is a minimum of one year. C. There is a rebuttable presumption that any occupancy or use of a dwelling is a rental occupancy if the owner of the building containing the dwelling does not reside in the same building. TRANSIENT RENTAL OCCUPANCY The occupancy or use of a dwelling by a person or persons other than the owner as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use for a period of less than one year.
Russell Gardens, N.Y., Code of Ordinances ch. 40A § 40A-2 establishes the foundational definitions that govern the village's rental dwelling regulations. Key terms such as "owner," "rent," "rental occupancy," and "transient rental occupancy" are given specific meanings that apply throughout the chapter, regardless of whether a formal landlord-tenant legal relationship exists. Notably, the provision sets a minimum one-year term for permitted rental occupancy and creates a rebuttable presumption that any occupancy is a rental when the building owner does not live in the same building.
Plain English — not legal advice.
Under ch. 40A § 40A-2, property owners in Russell Gardens should be aware that the village's definition of "rent" is broad, encompassing payment in money, services, or other consideration — meaning informal arrangements can still qualify as rental occupancy. Compliant operators generally ensure that any rental arrangement meets the minimum one-year term requirement, since shorter arrangements fall under the definition of "transient rental occupancy," which is treated differently under the chapter. Owners who do not reside in the same building as their tenants should also be aware that the code presumes a rental occupancy exists in such circumstances, placing the burden on the owner to rebut that presumption if disputed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 40A-2 of the Russell Gardens Code of Ordinances defines who qualifies as an "owner" and what constitutes "rent" broadly, meaning occupants paying in services or other non-monetary consideration may still be covered by the chapter's protections. Tenants should be aware that a rental arrangement is only permitted under this chapter if it lasts at least one year, which may affect the nature of their occupancy rights. Those who believe their living situation falls under these definitions and have concerns about how the code is being applied can consult a tenant-rights organization or contact the village's Code Enforcement Officer for clarification.
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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