Cal. Civ. Code § 796
Definitions
Operative Text
§ 796. Definitions. As used in this article: 1. "Owner" means the owner or owners of the dwelling, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person or entity directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to section three hundred nine of the multiple dwelling law. 2. "Dwelling" or "premises" means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied as such, including, but not limited to, an apartment building, a condominium, a townhouse, a single-family house or a multiple-family residence building. "Dwelling" or "premises" shall also include premises zoned for mixed residential and commercial use, provided that a portion of such premises are, in fact, occupied by one or more tenants for residential purposes. 3. "Commissioner" means the commissioner, chief supervisor or chief officer of a department. 4. "Department" means a department, agency or office. 5. "Municipality" means a county, city, town or village. 6. "Person" means an individual, partnership, corporation, association, trust or other group or legal entity, however organized.
Section 796 of New York's Real Property Actions and Proceedings Law establishes the foundational vocabulary for the article in which it appears. It casts a wide net for who qualifies as an "owner" — reaching beyond titleholders to include mortgagees in possession, receivers, trustees, agents, and others who exercise control over a dwelling — while carving out court-appointed receivers under the Multiple Dwelling Law. The term "dwelling" is defined broadly to cover apartments, condominiums, townhouses, single-family homes, and multi-family buildings, and even extends to mixed-use properties where at least some portion is actually occupied for residential purposes.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 796, the definition of "owner" is intentionally expansive, meaning that property managers, agents, assignees of rents, and others who exercise indirect control over a dwelling may be treated as owners for purposes of this article — not just the person holding title. Operators and managers of residential buildings, including those with mixed residential and commercial uses, generally ensure they understand whether their role places them within this definition. Awareness of this broad scope helps those involved in property management recognize when the obligations and protections of this article may apply to their operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 796 defines key terms that shape how the rest of the article applies, and tenants benefit from understanding that the definition of "owner" reaches a wide range of parties — including agents and others who control a dwelling — not just the named titleholder. This means that the protections and obligations established elsewhere in the article may apply even when a tenant's direct contact is with a property manager or agent rather than a record owner. Tenants who have questions about how these definitions affect their situation can consult a local tenant-rights organization or a rent board if one exists in their municipality.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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