Schenectady, N.Y., Code of Ordinances ch. 210 § 210-3

Definitions

In Force
Verified 11/7/2026 · Next check 2/5/2027
SchenectadyRental Registration

Operative Text

Schenectady, N.Y., Code of Ordinances ch. 210 § 210-3
As used in this chapter, these terms shall have the meanings indicated as follows: ACTION or PROCEEDING Any action or proceeding which may be instituted in the City Court of the City of Schenectady or the County Court of the County of Schenectady or the Supreme Court of the County of Schenectady or any court of competent jurisdiction with an alleged violation of any ordinance or law of the City of Schenectady. BUILDING Any improved real property, residential or mixed use (commercial-residential) located within the City of Schenectady that is non-owner-occupied. CHANGE IN OCCUPANCY Whenever a tenant shall move from, vacate or quit willingly or otherwise or express the firm intent to vacate or quit a rental unit. EXIT That portion of the way of departure from the interior of a building or structure to the exterior at street or grade level accessible to a street consisting of: A. Corridors, stairways and lobbies enclosed in construction having a fire-resistance rating, including the door opening thereto from a habitable or nonhabitable space; B. An interior stairway; C. A horizontal exit; D. A door to the exterior at grade; or E. An exterior stairway or ramp. HABITABLE SPACE Space occupied by one or more persons for living, sleeping, eating or cooking. Kitchenettes (kitchens) with less than 60 square feet shall not be deemed "habitable space." IDENTIFICATION OF BUILDING It is required that the house number be placed on the building in a conspicuous place. NONHABITABLE SPACE Those spaces used for access and vertical travel between stories, and space used for kitchenettes, pantries, baths, toilets, laundry, rest, dressing, lockers, storage, utility, heaters and boiler rooms, closets and other spaces for service and maintenance of the building. OWNER Any individual or individuals, partnership or corporation or any similar type 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 Schenectady or any law or regulation of the State of New York. RENTAL CERTIFICATE A document issued by the Building Inspector to a property owner in accordance with standards and requirements set forth in this chapter. RENTAL PROPERTY Includes all properties 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 of Schenectady, 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. TEMPORARY RENTAL CERTIFICATE A document issued for a specified period of time by the Building Inspector. TENANT A party whose right to possession of a rental unit is subject to the express or implied consent of the owner.
Source: Legislative text reproduced verbatim
Plain English

Section 210-3 of Schenectady's Code of Ordinances Chapter 210 establishes the foundational vocabulary used throughout the city's rental property regulations. Key terms such as "Building," "Rental Property," "Rental Unit," "Owner," and "Tenant" are given specific legal meanings that govern how the rest of the chapter is applied. Notably, a property is only considered owner-occupied if every individual owner, partner, or corporate shareholder maintains it as their full-time principal residence. These definitions shape which properties and parties fall under the chapter's requirements, including the rental certificate program.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Under § 210-3, the term "Owner" is defined broadly to include not just titleholders but also mortgagees in possession, receivers, trustees, lessees, agents, and others in direct or indirect control of a property — meaning compliance obligations can extend beyond the person whose name appears on the deed. Operators who wish to claim owner-occupancy exemption should be aware that the definition requires all individual owners, partners, or shareholders to maintain the property as their actual, full-time domicile, and the city may request a sworn affidavit to verify that claim. Familiarity with the definitions in § 210-3 is foundational to understanding when a Rental Certificate or Temporary Rental Certificate is required from the Building Inspector.

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

For Tenants

Section 210-3 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 a residential unit occupied by someone other than an owner — definitions that determine who is protected under Chapter 210's provisions. The definition of "Change in Occupancy" is also notable, as it includes not only a tenant's actual departure but also a firm expression of intent to vacate, which may trigger regulatory obligations for the property. Tenants who want to understand how these definitions affect their rights under Schenectady's rental regulations may find it useful to consult a local tenant-rights organization or review the full text of Chapter 210.

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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Related Rules

§ 244.210
Manner of registering
§ 244.230
Posting
§ 165.10
JUST CAUSE ENFORCEMENT FEE

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