Clarkstown, N.Y., Code of Ordinances ch. 157 (eCode360 ed. 2026) § 157-59
Definitions
Operative Text
For use in this article only, the following words and phrases shall have the meanings respectively ascribed to them by this section: IMMEDIATE FAMILY MEMBER A parent, child, sibling, spouse, grandparent, domestic partnership. LANDLORD and OWNER Any person who owns any legally cognizable interest in any rental property, including, but not limited to, outright ownership or ownership through a partnership, corporation or limited liability company. OWNER-OCCUPIED A. SINGLE-FAMILY RESIDENCES For any rental property to be considered owner-occupied, the owner must prove that all individual title owners (including immediate family members) or all owners, partners, or shareholders of a corporation or other legally organized entity, actually have their principal residence at the rental property and reside therein on a full-time basis, it being the actual domicile of all individual owners, all partners, or all shareholders. B. TWO FAMILY RESIDENCES The primary residential living unit of the owner is located within the rental property. C. At the request of the Town of Clarkstown, 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. PROPERTY MAINTENANCE The cleanliness and proper working order and upkeep of all areas and facilities of the rental unit, rental property or complex used by the tenants and the public. RENTAL PROPERTY Any house, structure, building or complex which contains a residential rental unit other than owner-occupied houses, structures or buildings. RENTAL UNIT Includes that portion of a house, building or structure rented or offered for rent, for living and dwelling purposes to an individual or family units. RESIDE To live or dwell permanently or continuously for more than 14 days. Said days need not be consecutive, but must occur within a reasonably short period of time to evidence an intent to utilize the rental unit as the person's primary place of residence. TENANTS Those persons who have leased the rental unit from the owner, regardless of the type of tenancy under which they occupy the rental unit.
Section 157-59 of Clarkstown, N.Y., Code of Ordinances Chapter 157 establishes the specific definitions that govern the entire article on rental property regulation. Key terms such as 'Landlord,' 'Owner-Occupied,' 'Rental Property,' 'Rental Unit,' 'Reside,' and 'Tenant' are given precise meanings that may differ from everyday usage or other legal contexts. For example, a property is only considered 'owner-occupied' if all title owners—or all partners and shareholders of an owning entity—actually maintain their principal, full-time residence there, and 'residing' requires more than 14 days of presence within a reasonably short period demonstrating primary-residence intent.
Plain English — not legal advice.
Property owners and managers operating under Clarkstown, N.Y., Code of Ordinances ch. 157 § 157-59 should be aware that the definitions in this section control how the entire article is applied to their properties. Operators who wish to claim an owner-occupied exemption—particularly for single-family residences—generally ensure that all individual title holders, partners, or shareholders can demonstrate that the property is their actual, full-time domicile, not merely a secondary or part-time address. When the Town of Clarkstown requests verification, compliant owners are typically prepared to provide a sworn affidavit substantiating that claim.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Clarkstown rental properties should understand that the definitions in ch. 157 § 157-59 shape which protections and obligations apply to their housing situation. For instance, whether a property qualifies as 'owner-occupied'—which can affect coverage under the article—depends on strict criteria about where all owners actually live full-time, not simply where they claim to reside. Tenants who believe a landlord is incorrectly claiming an owner-occupied exemption may wish to consult a tenant-rights organization or review the sworn-affidavit requirement that the Town of Clarkstown can invoke to verify occupancy claims.
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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