Amherst, N.Y., Code of Ordinances ch. 43 (eCode360 ed. 2026) § 43-2

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
AmherstInspections, Registration & Licensing

Operative Text

Amherst, N.Y., Code of Ordinances ch. 43 (eCode360 ed. 2026) § 43-2
As used in this Chapter, the following terms shall have the meanings indicated: DWELLING UNIT A room or group of rooms within a building forming a single habitable unit which may be occupied by a person for living, sleeping, eating, working and access to sanitation facilities at all times. PROPERTY MANAGEMENT The engaging on behalf of an owner of residential property of those activities commonly associated with the operation and rental of three (3) or more residential rental units, including but not limited to the advertising or soliciting of apartments or rental units for rent; tenant review and screening; the collecting and/or oversight of rental profits; and/or the conducting of and/or arranging for minor repairs and maintenance of residential properties in the Town of Amherst. PROPERTY MANAGER An individual or entity who engages in the property management of three (3) or more residential rental units in the Town of Amherst. The individual must reside in Erie, Niagara or Genesee Counties or the entity must be based in Erie County. A residential property occupied by its owner shall not be included in any calculation to determine property manager status. RESIDENTIAL For the purposes of this section and only this section the term "residential" shall refer to a property with any number of dwelling units and is not limited to one- or two-unit properties. If a dwelling unit is owner-occupied, that unit will not be included in the calculation to determine property manager status. For example, if a property has three (3) dwelling units and one unit is occupied by the owner of the property, a property manager is not required for the property. A residential unit shall not include a facility which targets residents over the age of 55 or a senior living facility.
Source: Legislative text reproduced verbatim
Plain English

Section 43-2 of Amherst, N.Y., Code of Ordinances Chapter 43 establishes the core definitions that govern the chapter's requirements. A 'dwelling unit' is any room or set of rooms used for living purposes with access to sanitation, while 'property management' covers the range of operational activities—such as advertising, tenant screening, rent collection, and maintenance—performed on behalf of an owner across three or more rental units. A 'property manager' is the individual or entity carrying out those activities, subject to geographic residency or business-location requirements, and owner-occupied units are excluded from the unit count used to determine whether the definition applies.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 43-2 of Amherst's Chapter 43, operators of residential rental properties should be aware that the threshold for 'property manager' status is triggered at three or more units, with owner-occupied units excluded from that count. A compliant operator managing properties through a third party confirms that the individual manager resides in Erie, Niagara, or Genesee County, or that the management entity is based in Erie County. Operators of senior living facilities or age-55-and-over communities should note that such facilities are expressly carved out of the 'residential unit' definition under this section.

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

For Tenants

Section 43-2 of Amherst, N.Y., Code of Ordinances Chapter 43 sets out who qualifies as a 'property manager' in the Town of Amherst, which can be relevant to tenants seeking to identify the responsible party for their rental unit. Tenants in buildings with three or more non-owner-occupied units may have a property manager subject to the chapter's broader requirements, and understanding these definitions can help when raising questions or concerns about property oversight. Tenants who believe the definitions in § 43-2 are relevant to a dispute or complaint may wish to consult a tenant-rights organization or review the full chapter for the obligations that flow from these definitions.

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.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Amherst Code § 43-4

Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

Source Information

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