Nyack, N.Y., Code of Ordinances ch. 217 (eCode360 ed. 2026) § 217-3
Exemptions
Operative Text
A. All of the exemptions that are set forth in RPL § 214, as same be amended from time to time, are incorporated herein by reference, except as modified below: (1) Any unit on, or within, a housing accommodation shall be exempt from the provisions of this chapter if such unit has a monthly rent above 345% of fair market rent, as published by the United States Department of Housing and Urban Development, and as published for the County of Rockland by the NYS Division of Homes and Community Renewal, pursuant to RPL § 214, Subdivision 15. (2) Any unit on, or within, a housing accommodation that is owned by a small landlord shall be exempt from the provisions of this chapter, which small landlord is defined as a landlord that owns no more than one total units within the State of New York. B. All definitions set forth in RPL § 211, as same be amended from time to time, are incorporated herein by reference, including the definition of "small landlord," except as specifically modified above.
Section 217-3 of Nyack's Code of Ordinances establishes which rental units fall outside the reach of the village's rent regulation chapter. The exemptions from New York's Real Property Law § 214 are adopted by reference, with two local modifications: units whose monthly rent exceeds 345% of the HUD-published fair market rent for Rockland County are exempt, and units owned by a landlord who owns no more than one total unit in New York State are also exempt. Definitions from RPL § 211 apply throughout, except where § 217-3 specifically overrides them.
Plain English — not legal advice.
Under § 217-3, operators should determine at the outset whether each unit they manage falls within one of the stated exemptions before assuming the chapter's rent-regulation requirements apply. A compliant operator generally tracks the current HUD fair market rent figures for Rockland County—published by the NYS Division of Homes and Community Renewal—to assess whether a unit's monthly rent clears the 345% threshold. Landlords who own only one unit statewide should also confirm whether the small-landlord exemption under § 217-3(A)(2) applies to their property, keeping in mind that the definition of 'small landlord' in RPL § 211 governs unless § 217-3 modifies it.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 217-3 determines whether a tenant's unit is covered by Nyack's rent regulation protections or falls outside them due to a high-rent or small-landlord exemption. Tenants whose rent is near or above 345% of the published Rockland County fair market rent, or who rent from a landlord owning only one unit in New York State, may find their unit is not protected by this chapter. Tenants uncertain about whether their unit qualifies for coverage can review the HUD and NYS Division of Homes and Community Renewal fair market rent publications, consult a local tenant-rights organization, or seek guidance from a housing attorney familiar with § 217-3 and RPL § 214.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.