Cedarhurst, N.Y., Code of Ordinances ch. 196 (eCode360 ed. 2026) § 196-3

Definitions

In Force
Verified 11/9/2026 · Next check 2/7/2027
CedarhurstRental Registration

Operative Text

Cedarhurst, N.Y., Code of Ordinances ch. 196 (eCode360 ed. 2026) § 196-3
As used in this chapter, the following terms shall have the meanings indicated. APARTMENT An entirely self-contained dwelling unit containing complete housekeeping facilities, including cooking facilities, for only one family. An apartment shall have no enclosed space in common with any other dwelling or apartment other than vestibules, entrances, hallways or porches. APARTMENT HOUSE or GARDEN APARTMENT A building or buildings arranged, intended or designed to be occupied by two or more individuals or families living independently of each other in apartments. AUTHORIZED AGENT Any person, organization, partnership, association, corporation or other legally recognized entity having actual or apparent authority to act on behalf of an owner regarding this chapter and all state and local rules, regulations and ordinances referenced herein. It shall be a rebuttable presumption that any person, organization, partnership, association, corporation or other legally recognized entity that accepts or receives rent or any other consideration from the occupant of a dwelling unit is an authorized agent. BUILDING A structure having a roof supported by columns or walls. When separated by a party wall without openings, it shall be deemed a separate building. CODE ENFORCEMENT OFFICER The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative of such person, including but not limited to the Building Department Superintendent, a building inspector, a code enforcement officer, plumbing inspector, and such person(s) shall be certified as Code Enforcement Officer. DWELLING A building designed exclusively for residential purposes and arranged or intended to be occupied by one individual or one family only. A dwelling shall not have a separate entrance leading to a separated living space which contains a stove, kitchen and/or attached plumbing fixtures. A dwelling shall also include a building or portion thereof arranged, designed for or occupied by fewer than three families living independently of each other with separate cooking facilities. FAMILY See § 265-1B . KITCHEN An area within a building which contains a sink, a refrigerator and an element utilized for heating or cooking of consumable goods. MANAGING AGENT Any individual, business, partnership, firm, corporation, enterprise, trust, company, industry, association, public utility or other legal entity responsible for the maintenance or operation of any rental property as defined within this chapter. NEW PERMIT A permit which is to be issued to the owner of an intended rental premises where such premises have not been the subject of a rental occupancy permit continuously prior to the date of application for the permit. OCCUPANT A natural person who leases, uses or occupies a dwelling unit. OWNER Any person or entity in whose name the real property upon which the dwelling unit is situated is recorded in the office of the Nassau County Clerk. The person or entity in whose name the real property is recorded in the Office of the Nassau County Clerk shall be presumed to be the owner thereof. RENEWAL RENTAL OCCUPANCY PERMIT A permit which is to be issued to the owner of a rental dwelling unit where such premises have been the subject of a rental occupancy permit continuously prior to the date of application for the permit. RENT A return in money, property or other valuable consideration (including payment in kind or for services or other thing of value) for the use and occupancy or the right to the use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING A dwelling unit established, occupied, used or maintained for rental occupancy. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay, or are deemed to pay, rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Officer and shall be valid for two years from the date of issuance. TRANSIENT RENTAL PROPERTY A. A rental dwelling occupied as a home or residence by persons other than the owner or a family member of the owner and for which rent is received by the owner, directly or indirectly, in exchange for such rental occupation for a period of less than 30 consecutive nights. For the purposes of this chapter, the term "transient rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 30 consecutive nights and shall not include a dwelling unit lawfully and validly permitted as a mother-daughter residence in accordance with this section; B. Presumption of dwelling unit as transient rental property. (1) The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: (a) The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like for a period of less than 30 consecutive nights; or (b) The dwelling is offered for lease in any medium for a period of less than 30 consecutive nights. (2) The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer that the dwelling unit is not a transient rental property.
Source: Legislative text reproduced verbatim
Plain English

Section 196-3 of Cedarhurst's Code of Ordinances Chapter 196 establishes the foundational vocabulary used throughout the village's rental housing regulations. Key terms such as "apartment," "dwelling," "owner," "occupant," "rent," and "rental occupancy permit" are each given specific legal meanings that govern how the rest of the chapter is applied. Notably, the definitions create certain legal presumptions—for example, anyone who collects rent is presumed to be an authorized agent, and a dwelling unit listed on short-term rental platforms for fewer than 30 consecutive nights is presumed to be a transient rental property. These presumptions can be challenged by presenting evidence to the Code Enforcement Officer.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Cedarhurst Code Chapter 196 should be familiar with the precise definitions in § 196-3, as terms like "owner," "managing agent," and "authorized agent" carry specific legal weight throughout the chapter. Under § 196-3, any individual or entity that collects rent on behalf of an owner is presumptively treated as an authorized agent, meaning property managers bear responsibilities under the chapter even if they are not the recorded owner. Operators should also note that listing a unit on platforms such as Airbnb or VRBO for stays under 30 consecutive nights triggers a presumption that the property is a transient rental property, a classification with distinct permitting implications under this chapter.

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

For Tenants

Tenants living in Cedarhurst rental units benefit from understanding the definitions in § 196-3, which shape the rights and obligations that apply throughout Chapter 196. The definition of "rent" is broad—it covers not just money but any form of valuable consideration exchanged for the right to occupy a dwelling unit, which may be relevant when evaluating the nature of a housing arrangement. Tenants who believe their unit is being operated outside the bounds of these definitions, such as being rented on a short-term basis in violation of local rules, may raise concerns with the village's Code Enforcement Officer or consult a tenant-rights organization familiar with Nassau County housing regulations.

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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References Out

Rules and statutes cited by this regulation

Cedarhurst Code § 265-1
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Related Rules

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

Source Information

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