Russell Gardens, N.Y., Code of Ordinances ch. 40A (eCode360 ed. 2026) § 40A-7
Transient rental occupancy prohibited
Operative Text
A. A transient rental occupancy is not permitted. B. A tenant in possession is prohibited from subleasing or otherwise licensing the use or occupancy of any portion thereof. C. Advertising for the subleasing of, or selling or assigning of shares to, the dwelling by a tenant, or occupant, for the use or occupancy of all or a portion of the dwelling is prohibited. D. There is a rebuttable presumption that any occupancy or use of a dwelling is a transient rental occupancy if the dwelling is offered for lease on a short-term rental website, including but not limited to Airbnb®, HomeAway®, Vrbo®, and the like for a period of less than one year; the dwelling is offered for lease in any medium for a period of less than one year. This foregoing presumption may be rebutted by evidence presented to the Village that the dwelling is not a transient rental occupancy. E. It shall be unlawful and a violation of this chapter and an offense within the meaning of the Penal Law of the State of New York for any owner to permit any tenant or other person to take up residence by a rental occupancy for a term of less than one year or to enter into or allow a transient rental occupancy.
Russell Gardens, N.Y., Code of Ordinances ch. 40A § 40A-7 prohibits transient rental occupancies within the village, meaning no dwelling may be rented for a term of less than one year. Tenants are barred from subleasing, licensing, or advertising any portion of their dwelling to others, including through short-term rental platforms such as Airbnb or Vrbo. A dwelling listed on such platforms for less than one year is presumptively considered a transient rental, though that presumption can be rebutted by presenting evidence to the Village. Owners who permit short-term or transient occupancies face potential criminal exposure under New York State Penal Law.
Plain English — not legal advice.
Under Russell Gardens, N.Y., Code of Ordinances ch. 40A § 40A-7, compliant property owners ensure that all residential leases are written for terms of at least one year and do not permit tenants to sublease or license any portion of the dwelling. Operators generally avoid listing or allowing listings of their properties on short-term rental platforms, since such listings create a rebuttable presumption of a prohibited transient occupancy. Because violations of § 40A-7 are classified as offenses under New York State Penal Law, owners typically maintain clear lease terms and monitor how their properties are advertised to avoid unlawful occupancy arrangements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Russell Gardens, N.Y., Code of Ordinances ch. 40A § 40A-7 makes clear that tenants do not have the right to sublease, license, or advertise their dwelling—or any portion of it—for short-term use, regardless of the platform or medium used. Tenants who receive notices of violation related to this provision may wish to review the rebuttable-presumption standard outlined in § 40A-7(D), which allows evidence to be presented to the Village to contest a finding of transient rental occupancy. Consulting a tenant-rights organization or housing attorney familiar with Village of Russell Gardens regulations can help tenants understand what options may be available when facing a potential violation under this chapter.
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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