Cal. Civ. Code § 211
Definitions
Operative Text
* § 211. Definitions. 1. The term "housing accommodation", as used in this article shall mean any residential premises, including any residential premises located within a mixed-use residential premises. 2. The term "landlord" as used in this article shall mean any fee owner, lessor, sublessor, assignor, court appointed receiver, or any other person or entity receiving or entitled to receive rent for the occupancy of any housing accommodation or an agent of any of the foregoing. 3. (a) The term "small landlord" as used in this article shall mean a landlord of no more than (i) ten units in the state, or (ii) such other number of units in the state designated by local law pursuant to paragraph (b) of subdivision two of section two hundred thirteen of this article. (b) If a landlord is a single natural person, then that landlord is a small landlord if they own or are a beneficial owner of, directly or indirectly, in whole or in part, no more than the number of units established pursuant to paragraph (a) of this subdivision; if there is more than one natural person owner, then no one person may own or be a beneficial owner of, directly or indirectly, in whole or in part, more than the number of units established pursuant to paragraph (a) of this subdivision. (c) If a landlord is an entity, organized under the laws of this state or of any other jurisdiction, then that landlord is a small landlord if each natural person with a direct or indirect ownership interest in the entity or any affiliated entity owns no more than the number of units established pursuant to paragraph (a) of this subdivision. If an entity cannot provide the names of all natural persons with a direct or indirect ownership interest in the entity, such entity shall not qualify as a small landlord. 4. The term "tenant" as used in this article shall mean a tenant, sub-tenant, lessee, sublessee, or any other person entitled to the lawful possession, use or occupancy of any housing accommodation. An individual shall not be considered a tenant for the purposes of this article if: (a) no landlord-tenant relationship exists, as established pursuant to any of the grounds set forth in section seven hundred thirteen of the real property actions and proceedings law; or (b) the individual is an occupant, as defined in paragraph (b) of subdivision one of section two hundred thirty-five-f of this chapter, who has not received the landlord's express or implied consent to use the housing accommodation as their primary residence in exchange for payment of rent. 5. The term "rent" as used in this article shall mean any consideration, including any bonus, benefit or gratuity demanded or received for or in connection with the possession, use or occupancy of housing accommodations or the execution or transfer of a lease for such housing accommodations. The term "rent" shall not include any separate charges for services, amenities or facilities which the tenant pays in addition to rent, including but not limited to charges for fitness centers, parking, storage, or facility rentals, provided that such charges are not imposed or increased for the purposes of circumventing this article. 6. The term "disabled person" as used in this article shall mean a person who has an impairment which results from anatomical, physiological or psychological conditions, other than addiction to alcohol, gambling, or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which substantially limit one or more of such person's major life activities. 7. The term "inflation index" shall mean five percent plus the annual percentage change in the consumer price index for all urban consumers for all items as published by the United States bureau of labor statistics for the region in which the housing accommodation is located, as established for the most recent preceding calendar year as shall be published by the division of housing and community renewal no later than the first of August in any given year, provided further that for New York city and any village, town, or city that adopts the provisions of this article by local law pursuant to subdivision one of section two hundred thirteen of this article in the counties of Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, and Westchester, such consumer price index shall be the New York-Newark-Jersey City, NY-NJ-PA consumer price index, and provided further that for any other village, town, or city that adopts the provisions of this article by local law pursuant to subdivision one of section two hundred thirteen of this article, such consumer price index shall be the Northeast Region consumer price index. 8. The term "local rent standard" shall mean a rent increase equal to the inflation index or ten percent, whichever is lower. * NB Repealed June 15, 2034
N.Y. Real Prop. Law § 211 establishes the foundational vocabulary used throughout the article governing housing accommodations. It defines key terms—including "housing accommodation," "landlord," "small landlord," "tenant," "rent," "disabled person," "inflation index," and "local rent standard"—that determine who and what falls within the article's scope. Notably, the "small landlord" classification depends on the total number of units owned statewide, including indirect or beneficial ownership interests, and entities that cannot identify all natural-person owners do not qualify. The definitions also clarify that certain occupants do not qualify as "tenants" under the article, and that separate charges for amenities like parking or storage are excluded from "rent" unless used to circumvent the article's protections. This article is set to be repealed on June 15, 2034.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 211, operators should be aware that the term "landlord" is defined broadly to include fee owners, lessors, sublessors, assignors, receivers, and their agents—meaning management companies and similar intermediaries may fall within the article's reach. The "small landlord" classification, which may carry different obligations under the article, is determined by counting all units owned or beneficially owned statewide, including indirect interests held through entities; landlords structured as entities must be able to identify every natural person with an ownership interest to qualify. Compliant operators generally maintain clear records of their ownership structure and unit counts, and ensure that any separate charges for amenities such as parking or storage are genuinely distinct from rent and not used as a mechanism to work around the article's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 211 defines who qualifies as a "tenant" for purposes of the article's protections, and understanding this definition matters because individuals who fall outside it may not be entitled to the article's rights. Occupants who lack the landlord's express or implied consent to use the unit as a primary residence in exchange for rent, or where no landlord-tenant relationship exists under R.P.A.P.L. § 713, are excluded from the definition. Tenants who have questions about whether they qualify under § 211, or whether charges they are paying constitute "rent" under the article's broad definition, may find it useful to consult a tenant-rights organization or a local rent board if one exists in their jurisdiction.
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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