Thomaston, N.Y., Code of Ordinances ch. 144 (eCode360 ed. 2026) § 144-17
Responsibilities of owners
Operative Text
A. Owners of premises shall be responsible for compliance with the provisions of this Article and shall remain responsible therefor, regardless of the fact that this Article may also place certain responsibilities on operators and occupants and regardless of any agreements between owners and operators or occupants as to which party shall assume such responsibility. B. Owners and operators of buildings shall be responsible for the proper installation, maintenance, condition and operation of service facilities and for furnishing adequate heat and hot water supply where they have contracted to do so. C. Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the village as executor, administrator, trustee, guardian, operator or agent, such person shall be deemed and taken to be the owner or owners of said property within the true intent and meaning of this Article and shall be bound to comply with the provisions of this Article to the same extent as the record owner; and notice to any such person of any order or decision of the Building Inspector shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the record owner or owners of such property. In instances where an occupant is responsible or shares responsibility with the owner for the existence of one (1) or more violations of this Article, said occupant shall be deemed and taken to be an owner within the true intent and meaning of this Article.
Thomaston, N.Y., Code of Ordinances ch. 144 § 144-17 establishes that property owners bear ultimate responsibility for complying with the housing article's requirements, even when other parties such as operators or occupants also carry duties under the same article. Private agreements shifting responsibility to tenants or managers do not relieve the owner of legal accountability. The provision also extends the definition of 'owner' broadly to include anyone exercising control over a property—such as trustees, agents, or executors—and, in certain circumstances, even occupants who contribute to a violation.
Plain English — not legal advice.
Under § 144-17, property owners and operators in Thomaston are expected to maintain service facilities—including heat and hot water where contractually promised—in proper working order, regardless of any lease clauses that attempt to transfer those obligations to tenants. Compliant operators typically document maintenance schedules, respond promptly to service failures, and ensure that any agent or property manager acting on their behalf understands that notices from the Building Inspector directed to that agent carry the same legal weight as notices to the record owner. Because the provision treats anyone in charge or control of a property as an 'owner,' those managing properties on behalf of others should be aware they may be held to the same compliance standards as the titleholder.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 144-17 makes clear that a landlord's attempt to shift housing-code responsibility onto tenants through a lease agreement does not eliminate the owner's obligations under Thomaston's housing article. Tenants who experience failures in heat, hot water, or other required services may have grounds to raise a violation of this provision, since the rule places affirmative duties on owners and operators to maintain those services where they have agreed to provide them. Tenants seeking to understand their options can contact the Thomaston Building Inspector's office, which is authorized to issue orders under this article, or reach out to a local tenant-rights organization for general guidance.
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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