Cheektowaga, N.Y., Code of Ordinances ch. 194 (eCode360 ed. 2026) § 194-2
Definitions
Operative Text
As used in this article, the following terms shall have the meanings indicated: BUILDING Any improved real property, residential or mixed use (commercial-residential), located within the Town of Cheektowaga, that is non-owner-occupied or is improved and unoccupied. CHANGE IN OCCUPANCY Whenever a tenant shall move from, vacate or quit, willingly or otherwise, or express the firm intent to vacate or quit a rental unit. HOUSING CODE All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of housing standards. OWNER Any individual or individuals, partnership or corporation or any similar type business organization, whether for profit or otherwise, in whose name title to a building stands, including a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of the property. PROPERTY OWNER REGISTRATION CERTIFICATE A form created by the Town of Cheektowaga and issued to the owner of rental property or unoccupied property once the property owner registration statement has been received by the Town of Cheektowaga, reviewed and deemed complete. PROPERTY OWNER REGISTRATION STATEMENT A form created by the Town of Cheektowaga and distributed to the owner of rental property and unoccupied property in accordance with standards and requirements set forth in this article. RENTAL PROPERTY Includes all properties which are either rented, leased, let or hired out to be occupied for residential or mixed use (commercial-residential) and are non-owner-occupied. For any rental property to be considered owner-occupied, the owner must prove that at least one owner, partner, or shareholder of a corporation actually has his or her principal residence at the rental property and resides therein on a full-time basis, it being the actual domicile of that owner, partner, or shareholder. At the request of the Town of Cheektowaga, any owner who claims to occupy the rental property shall provide a sworn affidavit providing the necessary information to support his or her claim that the premises are owner-occupied. RENTAL UNIT A residential unit occupied by a party other than an owner. RESIDENTIAL UNIT One or more rooms with provision for sanitary and sleeping facilities, for food preparation, for living and for working. TENANT A party whose right to possession of a rental unit is subject to the express or implied consent of the owner. TOWN Town of Cheektowaga, exclusive of the Villages of Sloan and Depew. UNOCCUPIED PROPERTY Any improved real property that is not occupied by the owner or a tenant. VIOLATION NOTICE A notice issued in accordance with any violation of the Housing Code.
Section 194-2 of Cheektowaga's Code of Ordinances establishes the foundational vocabulary for the town's rental property registration and housing standards article. Key terms such as 'Building,' 'Rental Property,' 'Owner,' and 'Change in Occupancy' are given specific legal meanings that govern how the rest of the article is interpreted and applied. Notably, a property is only considered 'owner-occupied' if at least one owner, partner, or corporate shareholder maintains it as their full-time principal residence, and the town may require a sworn affidavit to verify that claim. These definitions apply throughout the Town of Cheektowaga, excluding the Villages of Sloan and Depew.
Plain English — not legal advice.
Under § 194-2, Cheektowaga's definitions article sets the scope of who qualifies as an 'Owner' broadly — encompassing individuals, partnerships, corporations, receivers, trustees, and agents who exercise control over a property. Operators who wish to claim owner-occupied status must be prepared to demonstrate that at least one qualifying owner, partner, or shareholder actually lives at the property full-time as their principal domicile, and must supply a sworn affidavit if the town requests one. Compliant property managers also stay attentive to the definition of 'Change in Occupancy,' which is triggered not only when a tenant moves out but also when a tenant expresses a firm intent to vacate, as this may initiate obligations elsewhere in ch. 194.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 194-2 defines 'Tenant' as any party whose right to possess a rental unit depends on the owner's express or implied consent, and 'Rental Unit' as a residential space occupied by someone other than the owner — definitions that determine whether the protections and requirements of ch. 194 apply to a given living situation. Tenants may find the definition of 'Change in Occupancy' relevant, since it covers not just an actual move-out but also a stated intent to vacate, which could affect how and when certain obligations under the article are triggered. Those who have questions about how these definitions apply to their housing situation can consult a local tenant-rights organization or the Town of Cheektowaga directly for general information.
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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