North Tonawanda, N.Y., Code of Ordinances ch. 51D § 51D-2
Word usage; definitions
Operative Text
The following definitions shall apply in the interpretation and enforcement of this article: A. Word usage. (1) Whenever the words "dwelling" and "dwelling unit," "rooming house," "rooming unit," "premises" and "structure" are used in this article, they shall be construed as though they were followed by the words "or any part hereof." (2) Whenever the phrase "any provision of this article" is used in this article, it shall be construed as though it were followed by the words "or any rule or regulation adopted pursuant thereof." (3) Whenever the words "Code Enforcement Officer, Director of Code Enforcement and/or Code Enforcement Inspector" are used, it shall be construed to mean or be equivalent to the "Chief Building Inspector of the City of North Tonawanda." B. Definitions. As used in this article, the following terms shall have the meanings indicated: DWELLING UNIT Any building, except for temporary housing, which is used or intended to be used for living or sleeping by human occupants. MULTIPLE DWELLING Any dwelling containing three or more dwelling units. OCCUPANT Any person over one year of age living, sleeping, cooking or eating in or having actual possession of a dwelling unit or rooming unit, unless otherwise provided. OPERATOR Any person who has charge, care or control of a building, or a part thereof, in which units are let. OWNER Any person who, alone or jointly or with others shall have legal title (including through a land contract) to any rental unit or multiple dwelling, with or without accompanying possession thereof, or shall have charge, care or control of any rental unit or multiple dwelling as either owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any person thus representing the actual owner according to the definition provided shall be bound to comply with the provisions of this article to the same extent were he or she the owner. PERSON Any party, land contract, individual, firm, corporation, limited-liability company, association, partnership or any other similar entity. RENTAL UNIT Any residential dwelling, dwelling unit, rooming house or rooming unit not solely occupied by the owner. RESIDENCE That place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return. Any two of the following may be considered by the Building Department as proof of residency: a valid New York State driver's license, New York State voter registration card, utility bills, 911 service listing, New York State income tax return, social security statement and/or automobile registration.
Section 51D-2 of North Tonawanda's Code of Ordinances establishes the foundational vocabulary used throughout Chapter 51D's housing article. It clarifies that terms like "dwelling unit," "rooming house," and "premises" apply to any part of those structures, not just the whole. It also defines key roles—owner, operator, occupant, and person—broadly enough to capture a wide range of legal arrangements, including land contracts, corporate ownership, and estate representatives. Anyone who exercises control or holds legal title over a rental unit is treated as an owner for compliance purposes under this article.
Plain English — not legal advice.
Under § 51D-2, the definition of "owner" in North Tonawanda's Code extends to agents, executors, trustees, and anyone else exercising charge or control over a rental unit—meaning compliance obligations attach to the person managing the property, not just the titleholder. Operators who oversee buildings where units are let are similarly captured by the article's definitions. Compliant property managers typically ensure that anyone acting on behalf of an ownership entity understands they are individually bound by the article's requirements to the same degree as the actual owner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 51D-2 defines who qualifies as an "occupant" and what constitutes a "rental unit" under North Tonawanda's housing article, which matters when determining who has rights and responsibilities under Chapter 51D. Because the definition of "owner" is broad—covering agents, trustees, and others in control—tenants generally have recourse against the person managing the property, not only the titleholder of record. Tenants who believe a responsible party is avoiding obligations under this article may consider contacting the City of North Tonawanda's Building Department, which is referenced in § 51D-2 as the body that evaluates residency and oversees enforcement, or reaching out to a local tenant-rights organization for guidance.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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